Lawyer offers seminar on C-36 - There is nothing to worry about.

rld

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An SP I know just came back from a seminar on C-36 that a lawyer was offering. Here are the highlights of the seminar.

- Massage parlors that offer sexual services will be targeted by police and they will be shutting down left and right soon.

- Establishments close to schools, parks or churches will be first on the list of LE visits.

- Things that happen in a private house or apartment are the between two adults and as long as the two people are discrete they should be safe.

- Mobile test and e-mails can be used against you if the police suspect that you have committed a crime.

- Words like extra and options are safe words to use because they do not define the activity.

- Discussion for options or extras should be face to face and not by phone, test, or e-mail.

- For some reason 4 hands massage can not be advertised.

- Pics on the internet with nudity or suggestive lingerie is suggestive of the activity and can be used as evidence against the SP.

So to sum it up, things were as before with some small changes and discretion is advised. - According to the lawyer that charges $150 a head for the seminar. 50 - 60 attendees. Not bad for a 90 minute speech and a Q&A session afterwards. The lawyer makes off with $7500 for the afternoon, I will guess there will be another seminar next week.

Who is the lawyer?

Some of that makes so little sense as not to be funny.

Also, it is rare for lawyers in Ontario to offer such seminars directly to groups due to the "phantom client" problem.

It would be nice to see the handouts that were surely given. ;-)
 

GPIDEAL

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Jun 27, 2010
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GPIDEAl, I personally don't understand why would u yourself with your knowledge of this industry and common sense would even require any guidance...Advertising, or leaving of avails etc it has absolutely nothing to do with terbites. The only thing that changed for hobbyists is that they can be charged with newly introduced "Obtaining for Consideration". To be charged with that you literally have to obtain from an undercover officer.
So here is my guidance: Pls don't obtain from strangers in shady places and u should be fine:)
Xoxo
CB

I wasn't speaking about MYSELF honey. But you just gave some guidance that lurkers should find useful.
 

GPIDEAL

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Who is the lawyer?

Some of that makes so little sense as not to be funny.

Also, it is rare for lawyers in Ontario to offer such seminars directly to groups due to the "phantom client" problem.

It would be nice to see the handouts that were surely given. ;-)

It sounds unbelievable that there was a seminar on this.

I can see it now coming in the email. I wonder if it will qualify for Continuing Professional Development credits?
 

ARHC

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Ask your lawyer: do they have to catch a thief stealing a car to charge him/him? You don't need a witness. You need evidence of the act.

Not all lawyers are created equal and not all lawyers (or LE) really understand how the industry works. If they ever figure it out and decide that they really wanted to prosecute, we would be in real trouble.
Yes, after the offence is committed, u need a report from a victim to start the investigation. And evidence... There is a difference between you speaking to a lady or u stealing a car in front of a camera or leaving fingerprints all over it.
If I go to a cop station and say Tease Please stole $20k from me, they will take my report and forget all about it unless off course I have a txt msg or a video or anythig else to support my words. And even after they have to investigate further before charging.. They wld start with speaking to you.
I don't see either a complaint about random hobbiest or investigation of Obtaining for Consideration. And that's the interesting part of this new law! How oh how are they Gona enforce that?
Tease Please, by any means I am not trying to convince anybody that hobby is safe and legal or that my little spa is safer...
in fact like everyone here I am checking this section daily to read new articles etc., simply to see how soon it will get back to the SCC hehe. Its just that threads like this one are soooo hard to stay away from. Sorry
 

GPIDEAL

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Ask your lawyer: do they have to catch a thief stealing a car to charge him/him? You don't need a witness. You need evidence of the act.

Not all lawyers are created equal and not all lawyers (or LE) really understand how the industry works. If they ever figure it out and decide that they really wanted to prosecute, we would be in real trouble.
Yes, but in the context of a massage parlor, I can't think of how they can 'catch you' other than red-handed, unless they intimidate or goad someone into talking shit.
 

GPIDEAL

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Take this statement for example:
"- Massage parlors that offer sexual services will be targeted by police and they will be shutting down left and right soon."

No lawyer, in a regular capacity as a lawyer, would know this unless they work for the city or something like that in which case, I doubt they would be providing a seminar on C-36. If they believe this, it would just be word of mouth, which is about as reliable as anything else you read here on TERB. No reputable lawyer would run a seminar giving out information they just heard through word of mouth passing it off as "advice".

A lawyer can be quite helpful in providing this kind of information:

1. What actually happens when you get arrested/charged.
2. What you should say/not say if approached by the police.
3. Realistic outcomes for a first offense, etc.
4. Typical outcomes under the old laws for communications, bawdy house, living off avails, etc.
5. The differences between the different outcomes: for example, charges dropped vs. discharge vs. winning at trial vs. diversion, etc.
6. Implications of those outcomes on a criminal records check, employment checks, travel restrictions, etc.

Now this info might be worth an entrance fee.
 

GPIDEAL

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Jun 27, 2010
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I have read most of the threads here. I have no idea who is writing them, I have no idea if they have any background in interpreting the law, and while they provide some general information based on the discussions here, I have yet to see a thread which provides competent legal advice to clients who see companions and how to not break the law.

I wasn't even directing my comments towards massage parlors as I have not stepped foot in a massage parlor for at least 2 years.

I would be obliged if anyone could direct me to a particular thread that sets out how clients are able to see companions (formerly SPs)without breaking the law.
You don't need a competent lawyer to advise you which girls to see, just use your head ( common sense) and see those who are well reviewed or those you already know, it's been stated here many times.

The cops don't need to do anything and will probably not do much about c36.... all the fear and paranoia in some of the threads here on Terb is proof that C36 is working exactly as intended. Many will quit the hobby just as Peter Mackay intended.


@ Jamestheother

There are some good links that summarize and explain the law. You need to understand the law before you can try to circumvent it, or mitigate the risks. back sabbath has made one good suggestion.

Here's a downloadable Q & A (do a search under C-36 on this website and you will get a list of other articles).

http://www.aidslaw.ca/site/reckless...ion-of-communities-and-exploited-persons-act/

In fact, I just Googled, "Legal Advice for C-36" and came up with this downloadable report by the Canadian Bar Association which includes legal analyses and conclusions. All for free.

http://www.cba.org/CBA/submissions/pdf/14-57-eng.pdf
 

TeasePlease

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Aug 3, 2010
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Yes, after the offence is committed, u need a report from a victim to start the investigation. And evidence...

That is one way to start an investigation. The other is if LE simply wants to conduct an enforcement campaign and goes out to collect evidence.

You would be quite correct in many US states where a complainant is required to prosecute a charge. We don't have that in Canada because the Crown determines whether to prosecute.
 

TeasePlease

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Yes, but in the context of a massage parlor, I can't think of how they can 'catch you' other than red-handed, unless they intimidate or goad someone into talking shit.
Catch you for what? Without getting to the logistics and spelling out how to build a case for Officer Tinypecker who is no doubt reading this board (Yo wassup dawg!)....it doesn't take a rocket scientist to figure out what's what.

In fact, I would argue that the great comfort that we seem to take in patronizing MPs as a safe(r) haven in this C36 world is predicated in a single, enormous assumption....
 

GPIDEAL

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Catch you for what? Without getting to the logistics and spelling out how to build a case for Officer Tinypecker who is no doubt reading this board (Yo wassup dawg!)....it doesn't take a rocket scientist to figure out what's what.

In fact, I would argue that the great comfort that we seem to take in patronizing MPs as a safe(r) haven in this C36 world is predicated in a single, enormous assumption....

Catch you physically giving or receiving some sort of masturbation including self masturbation.

You've brought up the Technical Paper and Backgrounder which is a start, however, those documents did NOT mention 'body rub' (I'm not sure exactly if that term is defined anywhere).
 

TeasePlease

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Aug 3, 2010
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Catch you physically giving or receiving some sort of masturbation including self masturbation.

You've brought up the Technical Paper and Backgrounder which is a start, however, those documents did NOT mention 'body rub' (I'm not sure exactly if that term is defined anywhere).
That's not the law.

The law refers to "sexual services". What would be required to establish that you purchased, or communicated for the purpose of purchasing, a sexual service?
 

Yoga Face

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According to the lawyer that charges $150 a head for the seminar. 50 - 60 attendees. Not bad for a 90 minute speech and a Q&A session afterwards. The lawyer makes off with $7500 for the afternoon

Probably was NOT EVEN A LAWYER

Sucker born every minute
 

ARHC

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That is one way to start an investigation. The other is if LE simply wants to conduct an enforcement campaign and goes out to collect evidence.

.
and that's exactly what I was saying! A campaign to collect evidence wld be sending undercover officers on the streets or setting up incalls.. There is absolutely no other way to enforce it.
Forget about car thieft or murders.. Think about something more common, like DUI.
Almost everyone who drives downtown Toronto on a Saturday night is drunk!lol but nobody is charged Untill they actually blow Over...and cops have their protocols they have to follow before they charge you, not to mention, they can't even pull you over unless you drive funny:)
 

TeasePlease

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Aug 3, 2010
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and that's exactly what I was saying! A campaign to collect evidence wld be sending undercover officers on the streets or setting up incalls.. There is absolutely no other way to enforce it.
Forget about car thieft or murders.. Think about something more common, like DUI.
Almost everyone who drives downtown Toronto on a Saturday night is drunk!lol but nobody is charged Untill they actually blow Over...and cops have their protocols they have to follow before they charge you, not to mention, they can't even pull you over unless you drive funny:)
That's where we disagree. You only see one way to skin the cat.

p.s. you don't have to blow over to be charged.

p.p.s. Let's go along with your example about DUI. You agree that LE could pull you over if they saw you driving funny. What if LE saw you walking out of a known incall? Do they have grounds to ask you questions? Then what?
 

rld

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That's where we disagree. You only see one way to skin the cat.

p.s. you don't have to blow over to be charged.

p.p.s. Let's go along with your example about DUI. You agree that LE could pull you over if they saw you driving funny. What if LE saw you walking out of a known incall? Do they have grounds to ask you questions? Then what?
this is the problem with non-lawyers debating the law, you miss the details.

There is no single DUI charge in the CCC. Rather there are two different charges. Drive while impaired by x, y and z, which does not require evidence of BAC, and c and c while having a BAC over .80 which does.

Perhaps there should be a seminar on this.
 

ARHC

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That's where we disagree. You only see one way to skin the cat.

p.s. you don't have to blow over to be charged.

p.p.s. Let's go along with your example about DUI. You agree that LE could pull you over if they saw you driving funny. What if LE saw you walking out of a known incall? Do they have grounds to ask you questions? Then what?
Hey Tease Please, anybody can ask u anything anywhere... but I do understand where u are coming from and I will defenitely ask my lawyer if u even have to talk to them at all:)I am pretty sure I know what she is Gona tell me
 

MPAsquared

www.musemassagespa.com
When establishment owners such as yourself tell hobbyists not to worry about anything, it undermines your credibility. You're not the one that is going to get charged so you have nothing to worry about but please don't pretend you know that everything is the same as before and we're all safe. Nobody knows yet.
Actually, owners face much bigger charges than a john. 10yrs to be exact.


Putting aside what LSUC might say about providing legal opinions and advice, this isn't necessarily a wrong statement. However, the statement is predicated on "sexual services", whatever that might be. IF MPs are found to provide sexual services, I'd bet a bagel that this statement will prove to be true. ​If....
It's a totally false statement. There is zero intent to pursue body rub parlors. Regardless of mileage. Stop fear mongering.

Absolutely. I just want people to understand the difference between things lawyers say in their capacity as a lawyer and things they say, as people. We can all speculate, but speculations that come from a lawyer are still speculations. And people should not be paying $150 for speculations.
This!

Who is the lawyer?

Some of that makes so little sense as not to be funny.

Also, it is rare for lawyers in Ontario to offer such seminars directly to groups due to the "phantom client" problem.

It would be nice to see the handouts that were surely given. ;-)
Tell me about it. Its very fishy that the op has yet to return to his own thread.

Yes, but in the context of a massage parlor, I can't think of how they can 'catch you' other than red-handed, unless they intimidate or goad someone into talking shit.
They would have to witness the john's attempt to purchase. Walking in/out of a brp is 1000000% legal. As is getting a body rub.


Catch you for what? Without getting to the logistics and spelling out how to build a case for Officer Tinypecker who is no doubt reading this board (Yo wassup dawg!)....it doesn't take a rocket scientist to figure out what's what.

In fact, I would argue that the great comfort that we seem to take in patronizing MPs as a safe(r) haven in this C36 world is predicated in a single, enormous assumption....
You give cops way too much credit. I'd have a million bucks if I had a nickle for every time I've said to cops, investigators, sex crimes, bylaw, etc "you should read blah blah blah on terb" or even made reference to the bounty of info here. They barely read it. They don't know how to navigate it. And most stop reading it because they think everyone on here are idiots. I know your negativity won't allow you to even believe me TP, so let's experiment....i dare you to ask any enforcement officer of your choice. Then report back here.

Catch you physically giving or receiving some sort of masturbation including self masturbation.

You've brought up the Technical Paper and Backgrounder which is a start, however, those documents did NOT mention 'body rub' (I'm not sure exactly if that term is defined anywhere).
It's not about masturbation. Its about sexual services. There is no federal definition of a bodyrub. Only municipally via bylaws, which vary greatly city to city.

In Toronto, for example, it is defined as a full body massage. To massage, manipulate, or stimulate the body by any means.

That's not the law.

The law refers to "sexual services". What would be required to establish that you purchased, or communicated for the purpose of purchasing, a sexual service?
Evidence. Lol. Duh.

That's where we disagree. You only see one way to skin the cat.

p.s. you don't have to blow over to be charged.

p.p.s. Let's go along with your example about DUI. You agree that LE could pull you over if they saw you driving funny. What if LE saw you walking out of a known incall? Do they have grounds to ask you questions? Then what?
So? They can ask. You can stay silent or squeal. Or say "my lawyer advised me not to answer any questions" and the convo is over.

Hey Tease Please, anybody can ask u anything anywhere... but I do understand where u are coming from and I will defenitely ask my lawyer if u even have to talk to them at all:)I am pretty sure I know what she is Gona tell me
I'd lay $$ on that bet too C :)
 

bobcat40

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Jan 25, 2006
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I think much talk of C-36 on this board about C-36 has hit an impasse until the Premier or Police Chief makes a public stance on the issues. I do however have the following general comments:

1. When it's said "There is zero intent to pursue body rub parlors. Regardless of mileage. Stop fear mongering. ", I do believe such absolute statements are unlikely to be true. You can't ever say that there is absolutely zero interest to investigate a single body rub parlour. Especially since many are run by less than reputable individuals. Even if true, such a policy stance could change in a hurry after a single publicized incident.
2. "They would have to witness the john's attempt to purchase. Walking in/out of a brp is 1000000% legal. As is getting a body rub." - Again here, getting a "body rub" as defined in the municipal act is legal, but body rubs and sexual services are not mutually exclusive. You could receive a body rub which is also a sexual service. The exact definition is "body-rub is a service where the primary activity is the kneading, manipulating, rubbing, massaging, touching or stimulating by any means by at least one person of at least one other person‟s body or part thereof". If an attendant were to stimulate her customers penis with her vagina, would you consider it a sexual service? ;)
3. There's also confusion around what "evidence" really means. Evidence can be either circumstantial or through direct witness testimony of the crime. Enough circumstantial evidence potentially could be used to convict someone. To give an example, most of the time when a murder occurs there is rarely a direct witness to the event. The entire case, and potential conviction relies on circumstantial evidence (i.e. He bought the murder weapon, His DNA was at the crime scene, He had a motive to kill, etc.). The same concept applies here. Cops don't need to physically see money changing hands if they have sufficient circumstantial evidence.
4. MPASqaured has told myself and several others to do your own research. To this, I would respond that we have done research. Research is based on facts, not what we have gathered from some informal conversations. The facts are quite clear: (a) Most guys going to a massage parlour are purchasing a sexual service either directly or indirectly; (b) Massage Parlour Owners & Escort Agencies are trying colorful attempts to create technicalities to fool officers (i.e. We only sell body rubs or we only sell companionship); (c) clients should hope that the police turn a blind eye to this victim-less crime. The facts here are quite clear. No one in their right mind should doubt they are breaking the law as written when they pay an MPA or SP. While I greatly support the efforts the MPASquared is trying to help the sex industry, I think her opinion comes off a little too biased and it would be more constructive conversation to accept some of the realities under C-36.
 

MIRAGE

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An SP I know just came back from a seminar on C-36 that a lawyer was offering. Here are the highlights of the seminar.

- Massage parlors that offer sexual services will be targeted by police and they will be shutting down left and right soon.

- Establishments close to schools, parks or churches will be first on the list of LE visits.

- Things that happen in a private house or apartment are the between two adults and as long as the two people are discrete they should be safe.

- Mobile test and e-mails can be used against you if the police suspect that you have committed a crime.

- Words like extra and options are safe words to use because they do not define the activity.

- Discussion for options or extras should be face to face and not by phone, test, or e-mail.

- For some reason 4 hands massage can not be advertised.

- Pics on the internet with nudity or suggestive lingerie is suggestive of the activity and can be used as evidence against the SP.

So to sum it up, things were as before with some small changes and discretion is advised. - According to the lawyer that charges $150 a head for the seminar. 50 - 60 attendees. Not bad for a 90 minute speech and a Q&A session afterwards. The lawyer makes off with $7500 for the afternoon, I will guess there will be another seminar next week.
Didnt bother reading anything past this original post. But this is the biggest bunch of bullshit that i have read to date on C-36. Dont know where that guy studied law. lol

Andy
 

MPAsquared

www.musemassagespa.com
I think much talk of C-36 on this board about C-36 has hit an impasse until the Premier or Police Chief makes a public stance on the issues. I do however have the following general comments:

1. When it's said "There is zero intent to pursue body rub parlors. Regardless of mileage. Stop fear mongering. ", I do believe such absolute statements are unlikely to be true. You can't ever say that there is absolutely zero interest to investigate a single body rub parlour. Especially since many are run by less than reputable individuals. Even if true, such a policy stance could change in a hurry after a single publicized incident.
2. "They would have to witness the john's attempt to purchase. Walking in/out of a brp is 1000000% legal. As is getting a body rub." - Again here, getting a "body rub" as defined in the municipal act is legal, but body rubs and sexual services are not mutually exclusive. You could receive a body rub which is also a sexual service. The exact definition is "body-rub is a service where the primary activity is the kneading, manipulating, rubbing, massaging, touching or stimulating by any means by at least one person of at least one other person‟s body or part thereof". If an attendant were to stimulate her customers penis with her vagina, would you consider it a sexual service? ;)
3. There's also confusion around what "evidence" really means. Evidence can be either circumstantial or through direct witness testimony of the crime. Enough circumstantial evidence potentially could be used to convict someone. To give an example, most of the time when a murder occurs there is rarely a direct witness to the event. The entire case, and potential conviction relies on circumstantial evidence (i.e. He bought the murder weapon, His DNA was at the crime scene, He had a motive to kill, etc.). The same concept applies here. Cops don't need to physically see money changing hands if they have sufficient circumstantial evidence.
4. MPASqaured has told myself and several others to do your own research. To this, I would respond that we have done research. Research is based on facts, not what we have gathered from some informal conversations. The facts are quite clear: (a) Most guys going to a massage parlour are purchasing a sexual service either directly or indirectly; (b) Massage Parlour Owners & Escort Agencies are trying colorful attempts to create technicalities to fool officers (i.e. We only sell body rubs or we only sell companionship); (c) clients should hope that the police turn a blind eye to this victim-less crime. The facts here are quite clear. No one in their right mind should doubt they are breaking the law as written when they pay an MPA or SP. While I greatly support the efforts the MPASquared is trying to help the sex industry, I think her opinion comes off a little too biased and it would be more constructive conversation to accept some of the realities under C-36.
I can only speak about licensed body rub parlors in toronto. And yes, I know for sure, at this time there is zero intent to pursue c36 in relation to bodyrub parlors. I don't expect folks to believe me. But please tell me where your research comes from? And why you assume my meetings were, as you call them, informal. Why because you weren't there? Or because the Star didn't report it? What qualifies to you as formal? To date, ive had over 25 meetings with more than 8 different levels of enforcement, each lasting well over 2-4hrs. I've had both casual & professional meetings with politicians ranging from local ridings to toronto officials to provincial representatives. I've compiled a team of 12 lawyers ranging from bylaw to criminal to constitutional to litigation. I've also spent time with SPOC, Ms Bedford, a couple Senators, and today even spoke with the Premier of BC. While you guys are arguing semantics, I'm out getting facts. Never assume.

My knowledge is based on repeated consensus, reliable sources, decision makers, and the fact that I've been brought into some of the efforts on what they actually are focusing on.

As for your bodyrub confusion, a bodyrub is not defined as a sexual service. Not federally, provincally, or Municipally. Not regarding Toronto anyway, which is where my efforts have been concentrated.

Toronto body rub parlors are licensed to sell body rubs. For the past 2yrs my spa has only sold time. We don't sell nudes or toplesses or bodyslide. I changed nothing on our website except nekkid pics& the encore. I did not have to adjust our services, WE SELL BODY RUBS.

Collection of evidence for a murder is entirely different than howbody rub parlors are policed. Read this thread to learn about how it works: http://terb.cc/vbulletin/showthread.php?505711-LE-walked-in-on-my-session

What a bylaw allows or defines is not the same as law. Let's not confuse the 2 sir. In Toronto, an attendant would have to be clothed & use her vagina, quite the challenge if u ask me lol. And, muse is 100% non-full-service. So, next!

Purchase indirectly is not in c36. Profiteering indirectly is. And there are exceptions to that. Its all in the bill. Have a read.

I don't need to fool anyone. You can't honestly say or think I'd bet my criminal liability on "colourful technicalities" do you? I have 15yrs, my vagina, my reputation, hundreds of thousands of dollars, and my future invested in this industry honey. Quit the bullshit before you click "post" next time.

I have said all along that I'm bias. Hence do your own research. I'd love to hear about yours! Your time invested, money, resources......lets hear it. I couldn't possibly fit more into my schedule, so if you have been out fact-gathering/lobbying/working and have different conclusions, of course I'd love to know! Just as I have shared mine.

Judge all you want, but you don't fool me, you don't scare me, and you aren't harming my business. I wouldn't stop because a few terbies disagree, there are sex workers lives at risk here people!!!! This frustrates me because people blabber on without facts (ahem, fuji), and readers believe it. Then I have to spend more time to reply and correct the bs. Which, obviously, I care enough to do so. But I have yet to hear 1 single person say "Hey Emily, so-and-so decision maker sent me this" or "Come meet with my lawyer, his take is extremely different" or "Join me while I sit with XYZ and you'll hear why I said blah blah blah".

Meanwhile, I'm busy busting my ass to get this dangerous bullshit publically denounced, sent back to SCC, and a modernized Decrim system on the books.

"Ain't no body got time for...." this! get busy being proactive. Too many pessimists here sitting on their hands crying wolf.
 
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