Are all Canadians covered by the charter?
What if members of the free society in Canada with imprescriptible rights do not fall under the charter of rights and freedoms in statute created courts?
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free as well as democratic society.
· What if the Canadian Charter of Rights and Freedoms in statute created courts is interpreted for the exclusive use of the people who are in that Democratic Society of the Province of British Columbia? The free Canadians living in British Columbia already had their rights protected under the original part of the Constitution Act 1867 but didn’t know it, and also do not understand they are in a court that lacks the proper jurisdiction over them.
· People with imprescriptible rights who are not enumerated in section 91 and 92 of the Constitution act are not subject to such reasonable limits as are prescribed by law in the democratic society mentioned in the charter of rights and freedoms in bijural Canada.
· Wouldn’t that make any decisions reached in any court not specifically named in the Constitution, like statutory courts, irrelevant to someone who is not enumerated as a class of subject under section 91 or 92 of the Constitution act.
· For us to use the charter or any of the decisions reached in their courts would most likely be seen as us leaving the inherent jurisdiction and entering theirs.
Quote from the charter and the decisions without naming your source and get them to prove your position is wrong! When they try, call them on it! Perjury causing damages. Is it not true that in your democratic society “quote their decision without naming it” so you are not walking into their jurisdiction while doing so!
The Canadian Charter of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free as well as democratic society.
"The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates." not the federal or provincial governments which only have jurisdiction over what is granted them under the Constitution.
The Canadian Charter of Rights and Freedoms came into force on April 17, 1982. Section 15 of the Charter (equality rights) came into effect three years after the rest of the Charter, on April 17, 1985, to give governments time to bring their laws into line with section 15.
The Charter is founded on the rule of law and entrenches in the Constitution of Canada the rights and freedoms Canadians believe are necessary in a free and democratic society. It recognizes primary fundamental freedoms (e.g. freedom of expression and of association), democratic rights (e.g. the right to vote), mobility rights (e.g. the right to live anywhere in Canada), legal rights (e.g. the right to life, liberty and security of the person) and equality rights, and recognizes the multicultural heritage of Canadians. It also protects official language and minority language education rights. In addition, the provisions of section 25 guarantee the rights of the Aboriginal peoples of Canada.
The Charter and Canadian Society
The Charter regulates interactions between the state (federal, provincial and territorial governments) and individuals. It is, in some respects, Canada's most important law because it can render invalid or inoperative any laws that are inconsistent with its provisions. For more than 25 years, the Charter has been the driving force of change, progress and the affirmation of our society's values. Canadian courts have rendered hundreds of decisions in which they invoke the Charter to bring Canadian laws into accordance with the principles and values of Canadian society.
The Charter has had a major impact on the promotion and protection of human rights in Canada. With respect to language rights, it has reinforced the rights of official-language minorities. With regard to equality rights, it has led to the recognition and enforcement of the rights of a number of minority and disadvantaged groups. In penal matters, the Charter has clarified to a considerable extent the state's powers with respect to offender rights.
Other Human Rights Laws
There are many other laws that protect human rights in Canada. The Canadian Bill of Rights was enacted by Parliament in 1960. It applies to legislation and policies of the federal government and guarantees rights and freedoms similar to those found in the Charter (e.g. equality rights, legal rights, and freedom of religion, of speech and of association). The Bill is not, however, part of the Constitution of Canada. (But in reality it is part of the Constitution Act because of Charter section 26.)
The federal and provincial and territorial governments have adopted legislation (human rights acts or codes) prohibiting discrimination on various grounds in relation to employment, the provision of goods, services and facilities customarily available to the public, and accommodation. This legislation differs in its application from the Charter's section 15 on equality rights in that it provides protection against discrimination by individuals in the private sector, as well as by governments.
Section 1 - Guarantee of Rights and Freedoms
This Part of the Guide sets out the actual text of each section of the Charter, along with a discussion of its meaning and purpose.
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
The Charter of Rights protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country. It applies to all governments – federal, provincial and territorial – and includes protection of the following:
· fundamental freedoms, democratic rights
· the right to live and seek employment anywhere in Canada
· legal rights: the right to life, liberty and personal security
· equality rights for all
· the official languages of Canada
· minority language education rights
· Canada's multicultural heritage, and
· Aboriginal peoples' rights.
The rights and freedoms in the Charter are not absolute. They can be limited in order to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or pornography.
Section 1 of the Charter says that Charter rights can be limited by other laws so long as those limits can be shown to be reasonable in a free and democratic society.
The Supreme Court of Canada has stated that a limit on Charter rights is acceptable if:
· the limit deals with a pressing and substantial social problem, and
· the government's response to the problem is reasonable and demonstrably justified.
If the Constitution Act is the highest law in the country and this Charter is part of that Act, where would a provincial or the federal government find the authority to limit rights and freedoms guaranteed in the Charter?
Only by a conspiracy to have the people of the country submit by “Exchange of consents” to be under government control enumerated voluntarily as a "classes of subjects" instead of above those governments control or amending the Constitution. Anything else would violate Charter s31.
Life, liberty and security of person
Everyone has the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Section 7 guarantees the life, liberty and personal security of all Canadians. It also demands that governments respect the basic principles of justice whenever it intrudes on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost.
As an example of the effect of Section 7, the Supreme Court of Canada has ruled that individuals may not be sent to prison unless there is some proof that they did something wrong. To imprison a person who has acted reasonably would offend the principles of fundamental justice.
Court Judgment Supreme Court of Canada SCC Thomson newspapers ltd. v. Canada at p. 1004 everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. “Everyone” then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty and the security of the person, and include only human beings. (Artificial entities would include everyone who is enumerated as a class of subject under section 92 of the Constitution Act 1867.)
Everyone has the right on arrest or detention
- to be informed promptly of the reasons therefor;
- to retain and instruct counsel without delay and to be informed of that right; and
- to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
The rights in section 10 apply to everyone who is arrested or detained. They ensure that people (not legal fictions) under arrest have a chance to challenge the lawfulness of their arrest. The police must tell them immediately the reasons for their arrest. These people also have the right to talk to a lawyer to get legal advice about their situation, and the police must tell them what legal aid services are available in their area. People under arrest also have the right to ask a judge by way of habeas corpus to decide whether their arrest was legal and, if it was not, to order their release.
Charter Section 15 - Equality Rights
The only people the government can address in their statutes and acts etcetera are the “classes of subjects” enumerated in sections s91 and s92 of the Constitution Act.
Yet this section of the Constitution Act states every individual in Canada is to be considered equal!
Leaving the governments with a very serious problem!
Because of Charter Section 15 - Equality Rights either everyone has all the rights guaranteed in charter s26 or no one could have those rights!
According to international treaties that Canada is a signatory to everyone has all the rights guaranteed in charter s26.
Hence the need for the conspiracy and the dumbing down of the population by the public fool [school] system that gives governments the appearance of having authority over the people they do not actually have.
Add in armed goons who also went through the public fool system who will kill people as part of their job description and force that conspiracy down everyone else’s throats by force if necessary.
Back all that up with a court system created by sections s92 14 of the Constitution Act that we are trained to believe is applicable to everyone and not just “classes of subjects” and the conspiracy is complete!
Charter Section 15 - Equality Rights
1. Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
2. Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
This section of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs.
The courts have held that section 15 also protects equality on the basis of other characteristics that are not specifically set out in it. For example, this section has been held to prohibit discrimination on the grounds of sexual orientation.
The Supreme Court of Canada has stated that the purpose of section 15 is to protect those groups who suffer social, political and legal disadvantage in society. Discrimination occurs where, for example, a person, because of a personal characteristic, suffers disadvantages or is denied opportunities available to other members of society.
At the same time as it protects equality, the Charter also allows for certain laws or programs that favour disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Aboriginal peoples, visible minorities, or those with mental or physical disabilities are allowed under section 15(2) .
Section 24 - Enforcement
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Anyone who believes his or her rights or freedoms under the Charter have been infringed by any level of government can go to court to ask for a remedy. That person then must show that a Charter right or freedom has been violated. If the limit is one that is set out in the law, then the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government's argument, then it can grant whatever remedy it feels is appropriate under the circumstances.
The court may also make an order that the law in question is of no force or effect. This power comes from section 52 of the Constitution Act, 1982.
In criminal cases, a court may make an order stopping or delaying the trial of a person whose rights have been denied. A special remedy is available under section 24(2) if the denial of a Charter right takes place during a government investigation. If, for example, a government gets evidence through an unreasonable search or seizure (section 8), then a court may order that the evidence not be used in court. A court will only make an order of this kind if use of the evidence « would bring the administration of justice into disrepute. »
Infringed or denied – indicates that rights simply trespassed on by legislation and not only actually denied is actionable.
Charter Section 26
The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
Canadians have rights under laws other than the Charter. For example, rights may also be created under federal, provincial and international law.
The purpose of section 26 is to make clear that Parliament and the legislatures are free to create rights beyond those that are in the Charter. By entrenching basic or minimum rights, the Charter does not restrict the creation or enjoyment of other rights.
From <http://www.pch.gc.ca/eng/1355931562580/1355931640787#a26> 2015-11-10
Charter Section 26 allows access to rights created under federal, provincial and international law. But as part of the conspiracy not all provincial courts can hear constitution or charter violations cases and are a waste of time but the government makes the use of these courts mandatory before you can get into a court that can hear constitution or charter violations cases to discourage people.
Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed as prescribed by law. The fact that the charter recognizes both the "private individual" with imprescriptible rights and those citizens enumerated with consent to be a "class of subject" and each has rights guaranteed as prescribed by law including equality [see s15] means every piece of legislation that claims a difference between the "private individual" and the citizens enumerated with consent to be a "class of subject" is in violation of the Charter.
Add into the mix the human rights commissions:
Canadian Human Rights Act http://laws-lois.justice.gc.ca/eng/acts/H-6/ - PURPOSE OF ACT 2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament - which does not include private individuals. see charter s32
Charter Section 31
Nothing in this Charter Section 31 extends the legislative powers of any body or authority.
The Charter Section 31 in no way affects the sharing of responsibilities or the distribution of powers between the provinces and the federal government. The powers of each level of government are set out in the Constitution Act, 1867.
The power set out in the Constitution Act 1867 for the different governments does not include authority over the people of British Columbia who are not enumerated as a class of subject.
Section 32 Application of Charter
Application of Charter
1. This Charter applies
a. to the Parliament and government of Canada in respect of all matter within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; andb. to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
2. Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations.
As mentioned earlier, section 32(2) was necessary in order to give governments a chance to amend their laws to bring them into line with the right to equality. Section 15 of the Charter did not come into force until three years after the rest of the Charter became effective on April 17, 1982.
Charter Section 33
1. Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
2. An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
3. A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
4. Parliament or a legislature of a province may re-enact a declaration made under subsection (1).
5. Subsection (3) applies in respect of a re-enactment made under subsection (4).
Both Parliament and provincial legislatures have a limited power under section 33 to pass laws that are exempt from certain Charter provisions – those concerning fundamental freedoms and legal and equality rights. This section is sometimes referred to as the "notwithstanding clause".
In order to rely on this section, Parliament or a legislature must state specifically that a particular law is exempt from the Charter. It must also state which sections of the Charter do not apply. An exemption from the Charter lasts a maximum of five years. After that, if Parliament or the legislature concerned wishes it to continue to be exempt from the Charter, it must make a new declaration under this section.
The purpose of this section is to require a government that wishes to limit Charter rights to say clearly what it is doing and accept the political consequences of it.
It also ensures that Parliament and the legislatures, not the courts, have the final say on important matters of public policy. (The previous statement is ass backwards to what is going on in reality.) If, at a certain point, the rights in the Charter no longer reflect Canadian values, then democratically elected bodies like Parliament and the legislatures can make laws that are not bound by the Charter. (Not according to Charter section 26 and section 52.)
To date, provincial legislatures have used this section rarely. It has never been used by the federal Parliament.
Charter Section 52
Section 52 - Constitution Act, 1982
The Charter Section 52/Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
This Charter Section 52 of the Constitution gives the courts the power to rule that a particular law is not valid if it violates the Charter, which is itself part of the Constitution. While section 52(1) is not part of the Charter, it provides courts with an important power to strike down laws that violate Charter rights. If only part of the law violates the Constitution, only that part will be ruled invalid.
PPG Industries Canada Ltd. v. Canada (Attorney General), 1982) It is clear that the Constitution Act is not subject to the Interpretation Act, <https://www.canlii.org/en/bc/bcsc/doc/1982/1982canlii599/1982canlii599.html?autocompleteStr=PPG%20Industries%20Canada%20Ltd.%20v.%20Canada%20%28Attorney%20General%29%2C%201982%29&autocompletePos=1>
 Rather obviously, in that context, "person" means an individual and does not include a corporation.
It is clear that the Constitution Act is not subject to the Interpretation Act, R.S.C. 1970...
In addition, it has been urged that in interpreting constitutions a broad and liberal interpretation ought to be given. Having that in mind, I would hold that "everyone" as used in s. 8 should include all human beings and all entities that are capable of enjoying the benefit of security against unreasonable search. This then would include corporations. That interpretation would not be inconsistent in the other sections where the word "everyone" is used where only human beings can enjoy the rights given. I therefore reject that argument of the defendants.
Constitution Act of BC [RSBC 1996] CHAPTER 66 - Act subject to Constitution Act, 1867 - 2. Despite anything in this Act to the contrary, this Act must be construed as subject to the Constitution Act, 1867 and amending Acts applicable to British Columbia, and to the order of Her late Majesty Queen Victoria in Council for the union of British Columbia with the Dominion of Canada under the authority of that Act. <http://www.bclaws.ca/civix/document/id/complete/statreg/96066_01#section2>