August 24, 2011 - Hidden Contracts

Contracts Hidden within Benefits

The person who has the benefit has also the burden. a maxim of law.

More and more I find people are looking for a ways to distance themselves from excessive government control. What obligates us to all those traffic laws, gun laws, hunting, fishing, boating, pets, building laws, and so on? There are millions of statutes, codes, and by-laws. Where is the freedom?

Can a group of people in my neighbourhood together make some rules  which are automatically binding on everyone else in that neighbourhood?

Can group of people, members of a corporation, in Toronto or Calgary or Ottawa, throw together some statutes or by-laws that everyone is suddenly obligated to obey? 

Either slavery has been reinstated or there must be some other means that creates an obligation or contract—invisible to us perhaps, but not, apparently, to the courts. Hopefully our courts are still under the mandate to uphold just Law and not political preferences.

The maxim of law above may hold a clue.

How should we view something like the provincial health insurance plans (OHIP or the like)? Membership in the Benefit may create an obligation. If you enjoy a benefit offered by a certain company, it can be assumed that you are an employee or member of that company and bond to any associated obligations.

If we enjoy the benefits of that insurance plan we also carry the obligations associated with membership in that plan. That plan, I suspect, is open only to persons who have admitted to certain facts that bind them to the PROVINCE issuing that plan for its residents, i.e. employees, as follows for Ontario:

"Ontario residents are eligible for provincially funded health coverage (OHIP). Generally, to be eligible for Ontario health coverage you must :

  • be a Canadian citizen, permanent resident or among one of the newcomer to Canada groups who are eligible for OHIP as set out in Ontario’s Health Insurance Act ; and
  • be physically present in Ontario for 153 days in any 12-month period; and
  • be physically present in Ontario for at least 153 days of the first 183 days immediately after establishing residency in the province; and
  • make your primary place of residence in Ontario." (emphasis mine)

On signing the application, what facts do we admit to on the forms? You are a resident of Ontario and Canada (i.e. on their ship?). Does then our association with that benefit plan automatically bind us to other legal instruments?

No benefit is given to one unwilling. No one is obliged to accept a benefit against his consent. a maxim of law

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