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Thought police! Artist charged with 'pre-crime'
Posted By Marisa Martin On 09/04/2013 @ 8:57 pm In Front Page,Money,World | No Comments
Artists and visionaries have a way of getting involved in all kinds of things: debt, scorn, skepticism and political controversy – or in David Kam’s case, a full-scale financial Internet inquisition.
The strange case of David Kam and his misadventures with Canadian authorities began in his imagination and ended up in the courts. Kam is an engineer/artist/alternative economist/social activist/environmentalist/blogger (ad infinitum) and citizen of Quebec. Among his many projects is the creation of an alternative, ecologically oriented “stock market,” which he calls Green Stock Exchange (SX).
Kam intends to go all the way with the alternative stuff and is the process of establishing “Imagine Nation,” a small, alternative nation inside of Canada with its own real estate. “Ambassador” Kam amuses himself with superlative titles. Currently he is “The Most Nobel David Kam” or “His Grace the Duke David Kam” or occasionally just “The David.” But the sovereign nation business isn’t causing him problems – money is.
Understanding something about Canadian law and living in the U.S. for periods of time, Kam created U.S.-based websites to promote his utopian and environmentally based business and project ideas. These include E=MC² Company Inc. and Pôle Nord de l’Amérique Inc. as well as the future Green Exchange. He hopes to create a “greener lifestyle” and cultures of “understanding, compassion, creativity, love” and other commendable things such as “Make Hunger History” and LOHAS (Lifestyles of Health and Sustainability).
Other than being almost pathologically optimistic over the future of the human race and given to flights of fancy, Kam seems like a decent type. So why has Canada’s version of the U.S. Securities and Exchange Commission come after him like West Nile mosquitoes?
Autorité des Marchés Financiers (the “AMF” or “Authority”), Kam’s current nemesis, is a civil, non-criminal court created to enforce stock market regulations, police brokers and prevent fraud. According to the “Authority,” Kam is charged with selling securities and seeking investors in an unregistered entity and acting as a stock trader or counselor. They claim he may not do business anywhere on earth without the permission and under regulation of the AMF because he is a citizen of Quebec.
Kam counters by denying he attempted to sell stock to anyone in Quebec and defied them to prove a Canadian citizen has even seen, been influenced by or invested in his venture, which is in Beta testing and scheduled to function in 2015.
He claims he only “posted ideas,” which they interpret as solicitations, such as, “Friends Become Stock Experts: We will value the opinion of our friends and family more than our stock-brokers.”
Kam’s websites are based in the U.S., where he has spent time. Written documents from his case show no proof of charges other than those mined from his yet unopened site such as this: “25. Green Stock Exchange (GREENSX) Members can buy and sell securities from Green Stock Green Stock Exchange (GREENSX).”
Here things become Orwellian. AMF claims (to back up their charges against Kam) that if any website worldwide is potentially viewable by Quebec’s citizens, then it is under their jurisdiction. Rulings against Kam demanded he take down several websites, including DavidKam.com (his own name) and several brands and corporations he has owned and done business under since the 1990s.
Investigations against him took place by mining and cracking his sites (according to Kam). There was no information on what skullduggery they found occurring at Thomas-Valin street in Montreal to back up their claims. Also he was served in the unorthodox manner of email and an announcement “by bailiff under the camera of the door of the residence of David Kam.” What?
Kam describes his accuser Me Alain Gélinas, as one-man show “judge, jury, executioner, president and sole executive of the Quebec tribunal called the BUREAU” (Bureau of Decision and Review, Montreal).
No competition allowed. This is Kam’s explanation of why his goal of a looming green collaborative empire is too threatening. He accuses AMF president Gelinas of violating his civil rights repeatedly. Kam feels he is hounded because of the alternative nature of his business and claims the AMF is interesting in promoting only mining, oil companies and other traditional business. He accuses Gelinas and the “Authority” of bias and personal animosity as motives behind their investigation and findings.
Kam fires a list of offenses back at Judge Gélinas, specifically claiming he “suspended the Canadian Constitution, suspended the Canadian Charter of Rights and Freedoms, the Civil Code of Quebec and The Quebec Charter of Human Rights and in censorship of social media on the Internet, such as blogs, Facebook and other free speech sites.”
He accuses the “Authority” of fabricating false evidence, using an employee to hack into the green stock exchange blog to gain unauthorized entry and down thousands of pages “against copyright law, thus causing millions of dollars in damages.” Kam claims said employee created a false name and attempted to lure him into illegal transactions.
I know nothing about the merits of Kam’s proposed stock exchange or if Canada or the U.S. has legislation to forbid creating one of your own, but it wouldn’t be the first time courts and governmental agencies harassed citizens (clue: IRS).
Ironically after the edicts against Kam in January 2013, a press release May 2013 announced that Barclay’s Bank, Royal Bank of Canada and other giant corporations, were creating … (drum rolls) their own stock exchange to rival the Toronto Stock Exchange. What a thought.
True they will exist purely to make profits and aren’t trying to save or rearrange the world, but it either is, or is not, legal to challenge the monetary Powers and Principalities that Be. Will the AMF order Barclay’s behemoth to close also?
Kam is not a regular “type” in the world of high finance. Far beyond the pale of hippy-chic or slightly green, he claimed to be inspired to seek world peace by a vision of John Lennon as Buddha on a white horse.
Because of Kam’s visions and adoration of people (i.e. Al Gore), who give conservatives nausea, he may have trouble being taken seriously by them. Kam may be a “character,” but an intelligent and thoughtful one who observes trends affecting many political affiliations at this moment. Liberals and conservatives alike battle or are eventually subdued by suffocating governmental red tape and oppressive policies such as Kam resists in Quebec.
Being sentenced as a “preventative measure” ushers us into the era of thought crimes and “pre-crime” under the rationale to protect the public. Kam notes that protecting the public is the “same excuse that countries like Iran, China. Myanmar and Tajikistan use for censorship.”
The commission gave no proofs that I could find of their charges or even established what gave them the right to control economic transactions in Quebec in the first place. Kam claims he was forced to prove his innocence, reversing the “presumption of innocence.”
His statement: “The burden of proof lies with who declares, not who denies. The Most Noble David Kam calls for freedom and justice in an unfair, unjust, impartial and perverted justice ruling.”
Quebec has other bizarre legislation, forcing websites to have a certain proportion of verbiage in French, although as Kam noted, they don’t give an exact word count, making it safer to drop English entirely. Enforcing this should be prove interesting, since they just determined in Kam’s case that Canadian jurisdiction is the indeed the entire world.
Christians and others are battling to keep their religious liberties in Quebec also, similar to what the overlords are attempting here. Last month the Parti Quebecois government announced future legislation to ban symbols such as crosses, yarmulkes and hijabs in public institutions such as hospitals and schools. Spokesmen for virtually all religions pledge to defy them and ignore it.
Some of Kam’s websites are now down or not working; his TheEarthConstitution.org is defunct. He vows he will challenge this to the highest courts if necessary.
Now, conservatives may not bewail attacks on kumbaya/global governance ideas, but we should stand against petty bureaucratic despots squelching the free speech and commerce of anyone, even people with teddy bear “ambassadors” covered with peace signs – anyone.
Just as Kam has discovered a variety of concepts (he claims to have created possibly the world’s first energy drink for Pepsi-Cola) he “discovered” he was an artist: “I became an art pioneer the day after 9/11 by founding the Thinkism Art Movement, thus creating the first fine art movement of the 21st century, a socially conscious art movement.”
Kam’s encounter of the strange kind with rulers of Quebueqois should not have surprised him. The region has waged linguistic, cultural war against English speakers for 50 years, leading to arbitrary and vindictive measures applied to the non-French, and no one knows what or whom they will target next. Is Napoleon dead or just hiding in Quebec and passing laws?
For more information see http://www.bdr.gouv.qc.ca/documents/decisions/2011-019_AMF_c_%20DAVID%20KAM_GOBAL.pdf.
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