Restoring justice in franchising.

When one human right is violated, all human rights are violated.Upon reflection, many franchisees consider their experiences a violation of their fundamental human rights. While the most obvious one, the one always mentioned in even the weakest franchise law (right to associate) there are several others, principally, violations of the right to enjoy free speech.

If franchising is to “get back” there must be a technology that assists in recognizing and treating this violence. It’s called restorative justice.

South Africa developed one:

The Truth and Reconciliation Commission (TRC) was a court-like restorative justice body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution. Wikipedia

Canada is working on another for their indigenous peoples.

Franchisees are both a distinct and indigenous people. Ontario had a form of it at the public hearings that preceded the Arthur Wishart Act (Franchise Disclosure) in 2000.

  1. Check it out for yourself: of the 40 testimonies, former and honest franchisees speak one language, one experience, one emotion.
  2. For the individuals involved, March 6, 7, 8 & 9, 2000 were important dates in their lives because a threat to someone else’s liberty, is a threat to everyone’s. There are no bystanders in a rights war. Many of these are still in public service.
  3. I started collecting articles in preparation of these testimonies and from this need, arose.

Statesmanship: A first step is the state acknowledging that systemic abuse happened and they themselves were a part of the problem. Not the individual politician or civil servant: but that, for their part, a predatory environment was tolerated and enabled that caused family violence to flourish in franchising. This is called leadership.

Public hearings may be an appropriate response.

audi alteram partem

2 Responses to Restoring justice in franchising.

  1. Ray Borradale says:

    Journalists were once the heroes in the forefront of protecting free speech. A journalist saw him/herself as firstly a journalist and secondly an employee.

    It seems that the majority of journalists are now primarily and often solely employees to powers that benefit from controlled speech and advertising dollars. Now mom and pops have to champion free speech. Welcome to free speech on the internet now under attack. Could governments one day filter the term ‘franchise fraud’ or any other incediary term?

    Yes; any day!

    Any day they can manufacture justification. Governments not only take away basic human rights now, they ignore when world neighbours absolutley abuse their citizens. $$$$

    Controlling ‘free’ speech would be a bump in the road to enhancing the lot of the planet’s most wealthy … most powerful.


  2. Carol Cross says:

    “Restoring justice in franchising” suggests that the business model was “once upon a time” a just business model! But, of course, since the requirements, under law, to be a franchisor are set so LOW, we have to understand that “the powers that be” never intended franchising to be fair and just.
    The so-called free press, the business press, has always represented franchising as a rainbow of opportunity for Mom and Pop franchisees. Now and then, they write an article about a “failure” but generally the business press has supported the hype of franchising to Mom and Pop because it serves their interests, as well.
    The press has been used to celebrate the “entrepreneur” who is definitely not a franchisee, but who is led to believe that he is a partner entrepreneur with the franchisor.
    I agree, Ray, controling “free” speech would be a bump in the road to enhancing the lot of the planet’s most wealthy — most powerful” They already control the release of “information” to the masses in terms of controlling the “corporate” press and free media to support the global economy.
    When Democracy and Capitalism are at odds –the Senior Partner, Capitalism, always rules the day. It is democratic, but naive, that we believe in free speech and liberty and justice for all, and the sanctity of individual rights, etc.. and yet out governments and courts support this often malicious model of doing business – called “franchising.”


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: