My Key To Seeking Remedy in Canadian Law: CHARTER OF RIGHTS AND FREEDOMS

in #canada3 years ago (edited)

#Informationwar @informationwar
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So, I am posting some of the core parts of The Constitution Act of 1982, which contains The Charter of Rights and Freedoms.
With this I aim to give some clarity to some confusing and stressful times that we are currently trudging through.

Guarantee 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 and democratic society.
"Fundamental freedoms
2 Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association."
Mobility Rights
Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
"Legal Rights
Life, liberty and security of person
7 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."
"Search or seizure
8 Everyone has the right to be secure against unreasonable search or seizure."
"Equality Rights
Equality before and under law and equal protection and benefit of law
15 (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."
.𝗚𝗲𝗻𝗲𝗿𝗮𝗹
𝗣𝗿𝗶𝗺𝗮𝗰𝘆 𝗼𝗳 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 𝗼𝗳 𝗖𝗮𝗻𝗮𝗱𝗮
𝟱𝟮 (𝟭) 𝗧𝗵𝗲 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.
𝗘𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁
𝗘𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗼𝗳 𝗴𝘂𝗮𝗿𝗮𝗻𝘁𝗲𝗲𝗱 𝗿𝗶𝗴𝗵𝘁𝘀 𝗮𝗻𝗱 𝗳𝗿𝗲𝗲𝗱𝗼𝗺𝘀
𝟮𝟰 (𝟭) 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.
𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻 𝗼𝗳 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗯𝗿𝗶𝗻𝗴𝗶𝗻𝗴 𝗮𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗷𝘂𝘀𝘁𝗶𝗰𝗲 𝗶𝗻𝘁𝗼 𝗱𝗶𝘀𝗿𝗲𝗽𝘂𝘁𝗲
(𝟮) 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.
If you read this far, you should be able to see clearly, that much of what is happening these days just doesn't seem to fit into those guidelines.
The section 24 remedy is what I usually threaten the crown attorneys with nowadays and this almost always leads to a withdrawal of all charges on record.
Just thought I might share with you all, that all the parts leading up to the bold print, are the core parts of my arguments and are the sections I use to challenge charges. and the section 24 remedy is the big bomb that I threaten them with. You write a constitutional factum of events and and basically show a hand with a trump card on top of the pile. The crown has to fold or be responsible for bringing me a platform to attack the laws, so they are longer balanced; and cannot stand as law, after a core part gets repealed.
This is the key to any provincial court system is to ask "Can this court hear my constitutional arguments or do I have to make Charter Application and go to another court in which there is competent jurisdiction?"
This has to be done in form of a question!
This is the power.
It works.
KaBOOM 🔥💥
GIDDY UP! LET THEM TRY TO BRING YOUR DISOBEDIENT ACTIONS TO COURT, AND MAKE THEM LOSE.
FLOOD THE COURTS WITH CASES THAT WE WIN OR GET WITHDRAWALS AND DISCHARGES.
ITS FUCKING GAME OVER FOR UNSCRUPULOUS ENFORCEMENT OFFICIALS AND THESE RACKETS AND THEIR WHOLE CHARADE.
"If we fight we may lose some, but if we don't fight, we already lost."

Body of text, other than excerpts (header and footer of writing) are original text written by myself,
~Brad Mullen, 26/10/2021
-Excerpts of law are direct from the Constitution Act of 1982 copy/pasted from CanLii and not edited.
Source: https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/97548/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html
@howweroll @
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UPDATE
@phusionphil @informationwar @howweroll @yogajill
And anybody following:
All charges before the court were discharged and withdrawn, including fail to appear, for that appearance, too.
I will be reposting and/or making a new post with the certification of withdrawals paperwork and I am also getting the transcript of my circus act appearances last court day that I went to haha.
BOOM. SECTION 24 REMEDY>crown folds

I'M SO ENERGIZED and feel so much gratification; I feel boldly empowered, yet consciously working to include humble into my presence, at the same time.
Thank you to all who interact and ask questions and show love.
I will be making a post dedicated to all the new developments and ideal resolution of those bunk charges.
I AM VERY HAPPY RIGHT NOW
THANK YOU EVERYBODY WHO BELIEVES IN ME
I AM GRATEFUL
☮️💓&☀️🙂💯

Congrats, @chronziller! And thanks for holding the line!

heyy!! Good to hear, glad everything went well for you!

Thanks.
I just gotta call and email the crown services to get the certification and transcripts haha

And then I will do a good photo blog with the whole story and agreeable end result all included

@novacadian here check this thread

Thanks for sharing and for reposting @novacadian. This!! i feel like there is also a lot of dicrimination with what is going on. i just have no idea how to substantiate my intution on all this complex legal stuff.

Hi Jill!

Not yet having the jab, myself, that discrimination is becoming very real for me here in Canuckistan. Had a visit with my doctor today and we talked about NovaVax, which seems to be a more effective and old school vaccine which has recently been released. Ironically her parent, who is also a doctor, was researching the same vaccine.

Would like to get down to El Salvador to see what is going on down there, yet holding off in the hope of becoming part of a class action court challenge or something. My feeling is that a medical procedure should be an individual's choice without coercion.

Hey @chronziller! thanks for tagging me up! Your blog is really informative but its best you share it in communities with like-minded people just like what @howweroll commented on your first post.

For this one, it would have been great in the Informationwar.

Again, I am still looking forward to your introduction post! Here is a standard sample: Keeping Up With the Buzz - My Introduction to the Hive Community.

Are you a lawyer or self taught?

I was thinking that too, the formating of this blog made my brain want to exploded so I highly doubt they have written a formal paper.

Thank you.
Just reading your one sentence made my brain want to EXPLODE(D) haha also. Thanks for your empty criticism and lack of constructive advice. That really was a great contribution to my SECOND post on this platform which I am clearly new on.

I upvoted the post, so I clearly supported the overall context.

The formating issues may be resolved using another front end, personally I do not like markdown but it has its place.

In regards to the "empty", I was using a figure of speech to exaggerate how I felt the format was, maybe it was even the front end and not the author.

I will note that you take things personally and refrain from scathing critical comments.

Once again, I appreciate the sentiment of the post and it was upvoted.

I will build up my formats and make templates as I get back into the groove of it and learn the UI and how to use the platforms features.
I'm a "newb" on the site, but will excel quickly.

Lol all good, welcome to hive, it's funny but my best friends irl met me like this where we were at each other's throat then all the sudden friends lol

I can hold my own, my friend, and likewise, also have a bunch of friends whom I have met under tense (major understatement in some cases) interactions let say lol.
I can definitely relate
( @RelatableContent #RelatableContent ) to that, for sure.

To elaborate, the reason for me asking is my interest to know if you have used section 24 only on personal court matters or for clients as a lawyer.

I am not a member of the Law Society or the Bar Association.
I have acted as agent a couple of times for friends.
I have represented myself on many occasions.
I have written claims of Understanding and Intents for friends and presented new arguments based off of new case law and supplied their lawyers with pretty much all of the work done for them short of appearing for them.
Usually with remarkable successes.
One lawyer even passed on his regards as I supplied him with what he called the milestone case of his career.
That was for a driving while impaired by Cannabis charge.
The new case law I included was a 2018 case from the ATSB which the court here in Ontario accepted as a decision from a competent jurisdiction in those proceedings.
I also managed to bring into question the credibility of the
D.R E.'s (the officer acting as a Drug Recognition Expert) abilities to PROVE The IMPAIRMENT of my ex who is a moderate to high level chronic Cannabis user. That case law I found has clearly established that they could not prove such a thing.
Was the first time in Canada that anybody put all those pieces together successfully.
Because we threatened the crown attorneys with the section 24 remedy they withdrew all charges to stop our planned attack on the actual law itself and/or adding her case as even newer precedence and give the people even more power and latitude

I will make many posts and each will have a specific theme.
I have some excellent stories of my adventures, misadventures, and exploits.
Anyway it's a pleasure to make your connection here.
-Brad

Also: her lawyer did not want to do what I had proposed, initially.
He had prepared a plea deal with the crown for a large fine and had already taken 4000$ from her...
I told him in a forwarded msg that if he didn't give the claim to the crown that we would self represent and do it without him at all and would gladly accept part of her payments to him back to her.
Was only after that meeting with the crown that everything changed.
This is one of many interesting experiences that have emboldened me on my quest of learning, expanding, and applying and sharing remedies in Canadian Law Courts.
Regards,
-Brad

You missed "Genetic Character" which is protected by law too under the Human Rights Act and Ontario Bill 40.

https://peakd.com/hive-154369/@phusionphil/genetic-characteristic-discrimination-vaccine-passport-violates-the-canadian-human-rights-act-and-ontarios-bill-40

I did not miss the core parts of The "Charter of Rights and Freedoms".
I never said I was going to on this ONE post.
I could have been citing all sorts of different documents, case law, and all sorts of court motions; but specifically chose to stick to the Supreme Law.
Thanks for your criticism and suggestion, though.