chronziller cross-posted this post in Informationwar 3 years ago


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
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