(1). Fraud - Misappropriation of Taxpayers
Money in Excess of One Million
(3). Theft of CRHA Construction Materials
(4). Assault Causing Bodily Harm by CRHA
(6). Discrimination on Public Property
(7). Negligence Causing Severe Injuries (May
6, 2011 Accident - John Hale)
(8). Oil Pollution
(9). Unseaworthy Vessels
The image below initiates a slideshow, the
images change within seconds;
The Board of Directors of the
Campbell River Harbour Authority (CRHA) clearly exemplify how easy it is to
defraud the general public and the membership of a Not-for-profit Corporation of
money and services to the betterment of themselves.
Capt. E. Gerardo da Costa
Duarte, acknowledges that his ignorance of corporate facts involving the
Campbell River Harbour Authority (CRHA), at the onset of his arrival in Campbell
River, British Columbia, Canada, sometime during the spring months of 2008,
prevented his detection of fraudulent practices. Yet, the blunt disregard for
maritime practices involving oil pollution control and unseaworthy vessels
plying the CRHA facility, prompted Capt. E. Gerardo da Costa Duarte to inquire
as to the governance and law enforcement applied to everyday running of the CRHA
From 2008 to the end of 2009
any verbal inquiry, originating from Capt. E. Gerardo da Costa Duarte, directed
at CRHA staff and/or CRHA Board Members; as to the type of organization the
Campbell River Harbour Authority fell under, the answer was definitive,
indicating that the CRHA facility was part of Small Craft Harbours under the
control of Fisheries and Oceans Canada (DFO).
Reflective of a state of
constant conflict since Capt. E. Gerardo da Costa Duarte, requested to review
the finances of the Campbell River Harbour Authority, initiated sometime in
January 2009, it became obvious that the Board of Directors of the Campbell
River Harbour Authority were part of criminal activity to defraud the Harbour
Users, the CRHA Corporation and the CRHA membership, of monies and services.
Specifically, when all the rights and privileges of Capt. E. Gerardo da Costa
Duarte, as a member of the CRHA Corporation, were illegally removed; the right
to vote, the right to review the CRHA finances, the right to address issues of
concern before the membership seeking a resolution and the right to enjoy a
facility paid by Taxpayers for the usage of taxpayers. Furthermore, corporate
fraud was exemplified by CRHA directors and staff, misappropriating corporate
assets, providing incorrect and/or misleading information to the CRHA
membership, specific to a lack of financial accountability and resorting to
physically assaulting Capt. E. Gerardo da Costa Duarte while he was taking a
picture of an unseaworthy vessel sinking within the CRHA facility.
While the attitude of physical
assault is of a grave criminal concern, it is a common occurrence at the CRHA
facility, where Sail Master Manfred Binger was also threatened with physical
harm by CRHA Directors for questioning the CRHA finances.
The persistence of Sail Master
Manfred Binger and Capt. E. Gerardo da Costa Duarte demanding financial
accountability and transparency from the CRHA Board of Directors, eventually
lead to a frivolous and vexatious Federal Court lawsuit (T-1003-10) filed by the
CRHA Corporation, under the direction of the said Board of Directors, for unpaid
moorage fees that were increased to nearly ten times the normal fee applied to
all other Harbour Users.
The Campbell River Harbour
Authority Corporation (CRHA) is not the proprietor of the property located at
705 Island Highway, Campbell River, B.C. V9W 2C2. The said property is owned by
Her Majesty The Queen in right of Canada, represented by the Minister of
Fisheries and Oceans and acting through the Regional Director. Further, the said
property is managed by the CRHA Board of Directors on behalf of its membership,
as per a Lease Agreement with Fisheries and Oceans Canada and its Letters
Patent, under the provisions of Part II of the Canada Corporations Act, signed
on July 8, 1997. Corporation #3390764 BN #878395995RC0001. The Campbell River
Harbour Authority leases the said property from Fisheries and Oceans Canada as
HER MAJESTY THE QUEEN, in right of Canada as represented by
the Minister of Fisheries and Oceans and acting through the Regional Director
Campbell River Harbour Authority incorporated as a
corporation without share capital under Part II of the Canada Corporations Act,
carrying on business at 705 Island Highway Campbell River, B.C. V9W 2C2 (the "Harbour
The objects of the CRHA Corporation are as follows;
a) To control and operate effectively the Harbour Facilities
in the Port of Campbell River formerly operated by the Small Craft Harbours
Branch of the Department of Fisheries and Oceans.
b) To provide all users of the Campbell River Harbour with
safe, effective and environmentally sound harbour facilities including; but not
limited to, wharves, seaplane floats, marine docking and cribs, storage and
vehicle parking areas and commercial marine business support.
c) To regulate harbour use in a safe and fair manner,
providing for the effective sharing of harbour resources among all user groups
such as commercial fishers, recreational boaters, fishing guide operators,
marine and foreshore businesses and visiting vessels.
d) To maintain existing facilities and services for users
e) To promote the development and long term growth of the
Campbell River Harbour, its facilities and the services it offers in a manner
for the betterment of its users.
f) To operate the Campbell River Harbour in a fiscally
responsible and cost effective manner consistent with the leasing of facilities
from the Small Crafts Harbours Branch of the Department of Fisheries and Oceans.
g) To govern the activities and operations of the Campbell
River Harbour in a way that is fully accountable to harbour users and members of
the Campbell River Harbour Authority.
The by-laws of the Corporation shall be those filed with the
application for letters patent until repealed, amended, altered or added to.
The Corporation is to carry on its operations with pecuniary
gain to its members and any profits or other accretions to the Corporation are
to be used in promoting its objects.
DATED at the DISTRICT OF CAMPBELL RIVER in
the PROVINCE OF BRITISH COLUMBIA, this 5th. day of JUNE, 1997.
Click to download
CRHA Lease agreement (.pdf format)
Since the onset of the CRHA
Letters Patent (1997), the Campbell River Harbour Authority is under the
authoritarian control of the following directors; Timothy Charles Danby Hobbs,
Bruce William Kempling and Hugh Silver. On a secondary capacity, following on
the wishes of the preceding Directors, involves CRHA manager Linda Franz,
serving the CRHA facility from 1997 to 2009. Since 2009, Linda Franz retired due
to illness and Bruce Kempling retired from the Board of Directors in 2010 by not
seeking re-election from the tightly controlled CRHA members that show up at
every Annual General Meetings.
The Board of Directors of the
Campbell River Harbour Authority (CRHA), specifically the controlling directors
above-mentioned, use the following methods to control the CRHA Corporation for
the betterment of themselves;
(a). The CRHA Letters Patent,
CRHA Corporation By-Laws, DFO Lease Agreement, and Financial details, are never
shown to anyone, regardless of the style of request.
(b). Any request directed
at CRHA staff and/or Board of Directors, to identify the type of Corporation,
the answer arrives with firmness that it is a Harbour Authority under the
control of DFO, Small Craft Harbours Branch.
(c). Any request for a
membership list to ascertain membership voting rights, the request is strictly
(d). Regardless of
numerous motions presented to the tightly controlled CRHA members at Annual
General Meetings, not a single motion carried was ever incorporated on the CRHA
by-Laws and/or Rules and Regulations. Specifically, an indication that no
repealed or amended CRHA by-laws were meant to seek approval from the Minister
of Industry as per CRHA By-Law 64.
(e). CRHA By-Law 64 states; The
by-laws of the Corporation not embodied in the letters patent may be repealed or
amended by by-law enacted by a majority of the Directors at a meeting of the
Board of Directors and sanctioned by an affirmative vote of at least two-thirds
(2/3) of the members at a meeting duly called for the purpose of considering the
said by-law, provided that repeal or amendment of such by-laws shall not be
enforced or acted upon until the approval of the Minister of Industry has been
The Campbell River Harbour
Authority has never been Audited, as per instructions originating from Tim Hobbs
during every Annual General Meeting since the Corporation's beginning (1997).
By-Law 65 states; The members shall, at each annual meeting, appoint an auditor
who shall audit the accounts of the Corporation for report to the members of the
Corporation at the next annual meeting. The auditor shall hold office until the
next annual meeting provided that the Directors may fill any casual vacancy in
the office of the auditor. The remuneration of the auditor shall be fixed by the
Board of Directors.
Further, Industry Canada Policy
Statement 13.2, states the following; It is important to be aware of the fact
that the Canada Corporations Act does not permit a waiver of audit.
The Campbell River Harbour
Authority, Board of Directors, never presented a CRHA membership List to any
CRHA member. Therefore, nullifying any voting practice witnessed during Annual
General Meetings, 1997 to 2010. There is no indication that the CRHA Annual
General Meeting participants were legitimate CRHA members.
Legal information available from
this Web Page is limited, originating from Capt. E. Gerardo da Costa Duarte
various Private Prosecutions before the Criminal Courts for the Province of
British Columbia; to correct the current state of corruption and Judicial decay
facing Canada’s Rule of Law.
The Canadian Judicial system is
in shambles and the Coastal Waters of Canada are plagued with fraud practices
that extend to society as a whole. Experiences, before the said Courts of Law,
brings forth a shocking truth that the Canadian Judicial System is far from its
mandate to protect society from criminal activity. Rather, purposely adapted to
protect the criminal interests of corrupt officials of whatever government crime
of the day happens to be ongoing.
Moreover, past years of criminal
investigation uncovering government sponsored criminal activity relating to
Harbour Authority fraud practices, involve thousands of document pages involving
Transport Canada, Fisheries and Oceans Canada and useless members of the CROWN
and the ROYAL Canadian Mounted Police.
Capt. E. Gerardo da Costa Duarte
attempts at bringing justice to the Canadian shores encountered
determined and deliberate perversion of justice
originating from the offices of the Attorney General of Canada and the Attorney
General of British Columbia supported by twenty two (22) presiding Judges and
Justices that purposely breached the Rule of Law to accommodate criminal
activity in Canada.
For Example, on April 20, 2010,
under pressure to hide financial information from taxpayer's, given Capt.
Duarte's persistence to pursue fraud charges against the Campbell River Harbour
Authority (CRHA), Board of Directors, a Mobile Paper Shredding Truck, R&R, was
seen by various members of the Campbell River community, shredding a large
number of document boxes originating from the Campbell River Harbour Authority
office located at 705 Island Highway, Campbell River, BC. Supporting the CRHA
lack of Audits, since 1997, mandated by law for a Federal registered
Not-for-Profit Corporation. Strong evidence supporting FRAUD practices.
Canada's national symbol remains
the beaver, described by June Callwood in Portrait of Canada as a "slow witted,
toothy rodent, known to bite off its own testicles, or to... stand under its own
falling trees". Symbolic, Canadians are standing under their own falling tree,
biting their own balls when they allow criminals to continue governing our
Canadians must demand a full criminal
investigation of Harbour Authorities across Canada.
Anyone wanting specifics, given
the large amount of available documented evidence, spanning several years, is
asked to send us an email;
June 14, 2010 - Letter to Fisheries and Oceans Minister - Gail Shea
March 26, 2010 - Letter to Fisheries and Oceans Minister - Gail Shea
Digital copy of winding-up application
Digital copy of Form 2 Court Files 37737 and 37556
Email to Micheline Leduc, Small Craft Harbours Directors, Part 1
Micheline Leduc, Small Craft Harbours Director, Part II
July 2, 2011 -
Sailmaster Glenn Lusk stops payment of Berthage Fees
Revocation Letter sent to Sailmaster Glenn Lusk
Law Reform Commission of Canada - PRIVATE PROSECUTIONS - Working paper
Campbell River Harbour Authority (CRHA); Letters Patent, Objects of the
Appendix B - August 15,
2010 Letter to Federal Court of Canada
Exhibit P - Manfred Binger/Tim Hobbs, January 2010
Exhibit Q - Manfred Binger/Tim Hobbs, December 2,
Audio of Phyllis Titus, CRHA manager - Describing herself
Audio of Phyllis Titus, CRHA manager - CRHA Finances
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2016, Captain E. Gerardo da Costa Duarte, all rights reserved.