Schedule of Claimable Damages (DRAFT — replaces Fee Schedule)

DRAFT — NOT PUBLISHED. Proposed replacement for /fee-schedule/. Review with counsel before it goes live. The cut line: keep the moral force, the documentation practice, the good-faith exception, and the categories of harm; remove every mechanism that purports to bind a non-consenting party by notice or silence (unilateral-contract-by-notice, qui tacet consentire, "you are hereby noticed," superior-jurisdiction, GG/UPU constructive notice, pre-judgment liens). Those don't protect members — they flag them.

What This Is

This is the Soteria Covenant's published, good-faith pre-assessment of the damages it will claim, on behalf of a member who has been wronged, before a court of competent jurisdiction or an arbitral tribunal to whose jurisdiction the responding party has consented.

It is not a debt that arises by notice. It is not a contract that binds anyone by their silence. No amount stated here is owed by any party unless and until that party is found liable by a competent forum, after a fair opportunity to be heard. It is a transparent statement of what a member will seek, and on what legal basis — published in advance so the measure of harm is on the record.

Why It Exists

A boundary without a consequence is not a boundary. When a member is genuinely harmed — their body, their property, their standing — the Covenant stands behind a claim for full reparation, through lawful channels. Publishing the measure of damages in advance does one honest thing: it puts the value of the harm on the record, contemporaneously, so it cannot later be minimized.

The Lawful Basis (corrected)

• Reparation for civil fault. Where a party causes harm by fault, the law provides a remedy (e.g. art. 1457 C.c.Q.; the common-law torts of battery, false imprisonment, misfeasance in public office). The Covenant's claims rest on these recognized causes of action, not on a private jurisdiction.
• Recognized heads of damage. Material (documented losses), moral (per recognized ranges/caps), and punitive/exemplary (e.g. Quebec Charter s. 49; Whiten v. Pilot Insurance) — proven by evidence, liquidated by the tribunal, never by self-assessment.
• A published measure is an opening position, not a verdict. Stating expected damages in advance is the Covenant's contention, to be proven. It binds no one until a forum rules.

Removed, deliberately: the claim that publishing terms creates a unilateral contract accepted by an agent's silence. Canadian and Quebec courts do not recognize that; asserting it converts a member from a wronged party into a "vexatious OPCA litigant," which gets real claims dismissed. Silence is not consent. Notice does not bind.

What It Covers

The same categories of harm — recast as categories of claimable damage, not "trespass fees":

Damages under several heads may be claimed for a single wrong. Individual actors may be personally liable (e.g. misfeasance, excess force) and their institution vicariously — as a court determines, not by our declaration.

For Members (corrected)

The real protection is not a notice you wave at an agent. It is:

• Document everything. Every interaction — dated, recorded, hash-chained, OTS-anchored. This is your genuine power: contemporaneous, tamper-proof proof.
• Assert your conventional rights at the point of contact — the Charter protections against unreasonable search/seizure and arbitrary detention. Agents recognize these; they do not recognize "ecclesiastical jurisdiction."
• If wronged, claim through lawful channels — a complaint to the relevant oversight body, and/or a civil action for damages, supported by your evidence and this published measure.

Removed, deliberately: the instruction to invoke the Fee Schedule verbally as a shield and to present it to agents as binding. That is the false-security move — it does not stop the agent, and it marks the member. A member relying on it as a shield is exposed, not protected.

Enforcement (corrected)

Damages are pursued and enforced only through lawful channels:

1. A judgment from a court of competent jurisdiction — then registered and enforced by ordinary lawful means (e.g. registration against land under the Court Order Enforcement Act / a judgment lien).
2. An award from an arbitral tribunal to which the responding party consented (enforceable under the applicable Arbitration Act).

Removed, deliberately: pre-judgment PPSA/UCC "friendly" liens, Lex-Nigra-as-coercion against non-members, and assignment of un-adjudicated "fees." A lien is lawful after a judgment, never as a substitute for one. Filing one before is a false instrument.

Registered Service / Governor General

Removed, deliberately, the entire "constructive notice" section. Mailing a unilateral instrument to the Governor General or the UPU creates no obligation and protects no member — silence is not acceptance, the Crown is not bound by a privately-mailed document, and the GG has no role here. If the Covenant wishes to publish its position openly, it may simply publish it — without claiming that anyone's silence binds them.

Good-Faith Exception (kept)

No claim lies against persons acting in genuine good faith to protect a member from imminent harm, persons who cease immediately when asked, or members of the public acting in private capacity with no claim of authority. This addresses abuse of authority, not honest action.

Final Note

The Covenant publishes the measure of harm in advance so that, when a member is wronged, the value is already on the record — provable, dated, and undeniable. It claims reparation the way it is actually won: through their own law, with our own evidence, before a real forum. Not by notice. Not by silence. By proof.

DRAFT for review. Replaces /fee-schedule/ if adopted. The private SOT/SOVAP valuation of harm remains the member's own generational record — separate from, and never merged into, any public claim.