05-03-2009 08:05 PM
this story happened last year when I went to get a licence with my partner.
This story illustrates how the Port allows some and not others
Bylaw 5723 states
Every street entertainer must, as a condition of obtaining and holding a street entertainer permit, attend a busker's workshop organized by the city.
There has not been a workshop for at leat 5 years.
Each applicant for a street entertainer permitmust,in each year,audition before the audition panel
A street entertainer permitwill only be issued to a street entertainer orstreet entertainment group,that is selected bythe audition panel following the completion ofthe audition process referred to in section 4.1
my point is that Bylaws is giving out street entertainment permits without following the bylaw provisions.
It took a great deal of effort on the part of many people to formulate this bylaw. It also took a great deal of money. Taxpayers money.
The court order given by judge LAnder on September 26th 2003 states
2. "the Defendant, James Cunningham,and anyone else having knowledge of this order shall immediately cease and desist from providing street entertainment in the City of Nanimo except in compliance with the street entertainers bylaw".
3. The Defendant James cunningham, and anyone else having knowledge of this order, shall comply with The street Entertainers Bylaw at all times that they are providing street entertainment in Nanaimo.
4. Any person having knowledge of this Order is subject to arrest and prosecution should they breach this Order
5. The Defendant James Cunningham , pay costs of this proceeding to the Plaintiff, City of Nanimo , on Scale 3
6. The Defendant, James Cunningham, shall have leave to file a Statement of defence within 14 days of the date of this Order,and may set this matter down for hearing on a date set bythe Trial Coordinator in conjunction with counsel for the Plaintiff.
As I read this Order again i am led to believe that this Order is illegal. I also believe that Bylaw services are themselves in contempt by not applying the bylaws properly.
No one has auditioned and licences are being given out without a Workshop.
Street Entertainers are being given licences without a copy of the bylaw. They are also not being informed of an injunction which can have them lose their instruments or go to jail
I believe and it is my own personal opinion that something is awry
05-03-2009 08:19 PM
I think I got it now. Oh this computer stuff is hard for blind people!
05-03-2009 10:10 PM
Here is a bit of information about bylaws for you to read.
05-03-2009 10:21 PM
Queen, Piper et al,
Wife and I went and saw the movie "The Soloist" last night at Woodgrove and thought it was great. It is based on the true life story of a LA Times journalist befriending a gifted Julliard trained street musician.
Jamie Fox plays the homeless "busker" that ended up dropping out of Julliard due to a mental illness.
Here is the official web site for the movie with a few scenes to view and more about the story.
Last edited by titan5; 05-03-2009 at 11:12 PM.
05-03-2009 10:30 PM
read especially the part about discrimination.
Titan 5 I am so glad you got to see the movie There are acouple of good ones out thereincluding "ONCE"
The song from that movie won the oscar last year.
05-03-2009 11:29 PM
This is the part that applies to us,
BAD FAITH Bad faith can involve dishonesty, unfair discrimination, malice, and
corruption; or sinister, spiteful or otherwise improper motives, such as
targeting individuals or an unpopular group with a restriction (or benefit)
rather than acting in the interest of the residents generally. More subtle
examples of bad faith would be attempting to circumvent a restriction on
power or to do something indirectly that is not authorized directly; or
otherwise acting beyond the powers or purposes set out in legislation.
Failure to observe the rules of procedural fairness may also give rise to
allegations of bad faith.
It is up to the person alleging bad faith to prove it. This task is easier
where procedural fairness rules are violated and the common law rights
of individuals are at stake.
05-03-2009 11:32 PM
Here is another good one,
DISCRIMINATION Any power to discriminate must be expressly stated in authorizing
legislation because the courts will not “read it in” as implicit. Authority
to discriminate does not include violation of the B.C. Human Rights
Code, which has priority over other enactments, or the Canadian Charter
of Rights & Freedoms, which applies to local governments.
Discrimination against unpopular groups or individuals or for an
improper purpose will be seen as bad faith or an improper exercise of
discretion. Examples of lawful discrimination include municipal fees
(requires justification) [CC s. 194], service bylaws [CC s. 8(3)(a)] and
zoning [LGA s. 903].
05-04-2009 10:05 AM
Originally Posted by titan5
05-04-2009 02:50 PM
For those who have busking complaints on weekends the number to call is (250) 758-5222 This is the public works yard who can contact bylaws. I just got this number from Randy Churchill at bylaw services.
05-04-2009 10:02 PM
Very cool TH. I have spent the last three months getting my bass chops back as our bASS PLAYER WAS GOLFING.
Originally Posted by TH2008
i THINK i WILL HAVE FUM WITH THESE. iT MIGHT KEEPME OUT OF TROUBLE. HA HA