When someone resorts to trying to take property "through the back door," it means that they want to do something shady.
Imagine someone stealing your furniture, a Break & Enter. To go out the front door would seem foolhardy. As an analogy, imagine someone trying to defraud you. We don't have to imagine though. Let us examine a real world example of "back door" accounting.
The Service Income Support Insurance Plan (SISIP) is a CF member group insurance set up in 1969. It offsets everything it can imagine to ensure a high profit.
In 1976, as the CF & VAC recognized that the Pension Act pension alone was not enough to live on, the plan was amended to allow for "service injuries." A rare occurance, as most insurance has a "war exclusion" clause so as not to go bankrupt after a war.
However, someone decided to use the "back door" to eliminate this benefit. They put an offset clause in policy 901102 where the value of the VAC pension was deducted from the money sent to the disabled veteran. In other words, the pension was taken, indirectly!
This is kinda important. The pension was in recognition for injury in service to Canada. Canada placed a bar to offset in the Act, s. 30(1). Therefore, SISIP could not legally send VAC a bill to take the pension!
This was not stated expressly in the Manuge class action but is a key point. All federal funds contain this prohibition from assignment or attachment. In fact, the pension also has a back-up in Financial Administration Act s. 67 which prohibits interception of "Crown debts." When money is owed to a disabled vet, it is obviously a "Crown debt."
Manulife, "commercial partner" of the CF was taking the disabled vet's compensation for economic & non-economic loss through the "back door!" Two cases come to mind: Ultramar & Beattie. In both of these Federal Court cases, indirect attachment or assignmebt was pronounced unlawful.
The reason for this is simple. It is illegal. Parliament passes laws for a reason. We are supposed to obey those laws, we have a social contract to obey the "Rule of Law." This also applies to government.
Why did SISIP get away with using the "back door" for 36 years?
A good question.
How about a good ANSWER?