CANADIAN CHARTER OF RIGHTS AND FREEDOMS

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Being Part I of the Constitution Act, 1982

[Enacted by the Canada Act 1982 [U.K.] c.11; proclaimed in force April 17, 1982. Amended by the Constitution Amendment Proclamation, 1983, SI/84-102, effective June 21, 1984. Amended by the Constitution Amendment, 1993 [New Brunswick], SI/93-54, Can. Gaz. Part II, April 7, 1993, effective March 12, 1993.]

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

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Guarantee of Rights and Freedoms

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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.

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Fundamental Freedoms

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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.

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Democratic Rights

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DEMOCRATIC RIGHTS OF CITIZENS.

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

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MAXIMUM DURATION OF LEGISLATIVE BODIES / Continuation in special circumstances.

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

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ANNUAL SITTING OF LEGISLATIVE BODIES.

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

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Mobility Rights

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MOBILITY RIGHTS OF CITIZENS / Right to move and gain livelihood / Limitation / Affirmative action programs.

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(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.

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who were socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

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Legal Rights

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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.

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SEARCH OR SEIZURE.

8. Everyone has the right to be secure against unreasonable search or seizure.

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DETENTION OR IMPRISONMENT.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

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ARREST OR DETENTION.

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

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PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

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TREATMENT OR PUNISHMENT.

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

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SELF-INCRIMINATION.

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

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INTERPRETER.

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

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Equality Rights

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EQUALITY BEFORE AND UNDER LAW AND EQUAL PROTECTION AND BENEFIT OF LAW / Affirmative action programs.

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.

(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.

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Official Languages of Canada

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OFFICIAL LANGUAGES OF CANADA / Official languages of New Brunswick / Advancement of status and use.

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

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ENGLISH AND FRENCH LINGUISTIC COMMUNITES IN NEW BRUNSWICK / Role of the legislature and government of New Brunswick.

16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.

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PROCEEDINGS IN PARLIAMENT / Proceedings of New Brunswick legislature.

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.

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PARLIAMENTARY STATUTES AND RECORDS / New Brunswick statutes and records.

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.

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PROCEEDINGS IN COURTS ESTABLISHED BY PARLIAMENT / Proceedings in New Brunswick courts.

19. (1) Either English or French may be used by any person in, or any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

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COMMUNICATIONS BY PUBLIC WITH FEDERAL INSTITUTIONS / Communications by public with New Brunswick institutions.

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where

(a) there is a significant demand for communications with and services from that office in such language; or

(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

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CONTINUATION OF EXISTING CONSTITUTIONAL PROVISIONS.

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

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RIGHTS AND PRIVILEGES PRESERVED.

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

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Minority Language Educational Rights

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LANGUAGE OF INSTRUCTION / Continuity of language instruction / Application where numbers warrant.

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province.

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary language instruction in the same language.

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

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Enforcement

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ENFORCEMENT OF GUARANTEED RIGHTS AND FREEDOMS / Exclusion of evidence bringing administration of justice into disrepute.

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.

(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.

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General

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ABORIGINAL RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER.

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal people of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.

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OTHER RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER.

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.

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MULTICULTURAL HERITAGE.

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

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RIGHTS GUARANTEED EQUALLY TO SEXES.

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

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RIGHTS RESPECTING CERTAIN SCHOOLS PRESERVED.

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

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APPLICATION TO TERRITORIES AND TERRITORIAL AUTHORITIES.

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

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LEGISLATIVE POWERS NOT EXTENDED.

31. Nothing in this Charter extends the legislative powers of any body or authority.

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Application of Charter

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APPLICATION OF THE CHARTER / Exception.

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) 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. [Section 32 came into force on April 17, 1982; therefore, section 15 had effect on April 17, 1985.]

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EXCEPTION WHERE EXPRESS DECLARATION / Operation of exception / Five year limitation / Re-enactment / Five year limitation.

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 the 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).

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Citation

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CITATION.

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

Inside the Westboro Baptist Church

Sunday may 22^nd in Georgia a group of friendly protestors will be confronting the fellowship and Phelps family of the Westboro Baptist Church. The sole intent of this protest against the church is to stop their spread of hatred by protesting at the funerals of soldiers who have paid the ultimate price for their country.  The families of those soldiers must be respected and left to mourn their child, uncle, brother or sisters…. The point is those soldiers were someone’s special someone and we have no right to dishonour those people the way Westboro Baptist church likes to do.

The Westboro Baptist Church is known for its ludicrous and flamboyant protests towards many different groups including gay and lesbian rights. This group of people are very strong in bringing their message of hate towards America and all those that support those groups which go against them pertaining to their view of the bible.

Let us wish them luck today in having a peaceful protest against the hate mongering Westboro Baptist Fellowship. We will be interviewing one of the organizers of the protest and streaming it live tonight via our social networks. Keep posted for updated pictures and statements on the days progress.

Canada We Fail As Voters

Well here it is a Conservative majority, but unlike Harper I do not think it is so strong. Most of Harpers voters must be blind and or well I will resist going there. Needless to say 2010’s G20 summit was not enough to convince people of the Conservatives main goal. This is to control us and our freedoms to the point of a police state resembling 1984 the novel. How can WE DO THIS TO OUR SELVES!!

I am sick to my stomach thinking about what comes next under Harper’s Government Perhaps more Canadian involvement militarily around the world. To think we were looked upon as a peace keeping friendly nation, now we are reduced to a war mongering Police State. Obviously we will be seeing more thieveries from these so called Canadians and many more rights violated.

Canadians need to stop thinking what is good for me when they vote and start thinking what enables my country to move forward and grow as a whole. All this materialism has jaded people’s desire in politics and has basically made them back away from voting as long as they have what they need.

If you think Harper cares about you, think again. Harper is interested in getting in bed with foreign interest. Harper is a member or at least affiliated with the Council on Foreign Relations, aka the CFR! This is a group that is openly interested in a global new world order. They control everything along with a few other groups all working towards a one world empire owned and managed by the bankers and corporate powers.

You see this already exists and we are living inside this very system; however the one flaw they need to eliminate are the borders in order to gain full control over the rights of us all. These are not my words, CFR members are known publically to write and speak of their wishes at lectures and special CFR meeting such as the one Harper attended on the 25^th September 2007. Most of the times they speak in open and at public events with most people in attendance agreeing with whatever these people have to say applauding to finish the night off.

Canada is the second largest producer of oil according to that CFR member which introduced Harper at his 2007 CFR speech in New York. If this is the case I challenge Mr. Harper to explain why we have a rising oil and gasoline price here in Canada? Why are we not turning inward at this time of higher buying prices from foreign companies? These questions are easy to answer when you are privy to Harper’s relations with the Council on Foreign Relations. See it all adds up in the end that even in Canada we are subject to the new world order and their devious schemes to manipulate our global economic status. Ontario had a competitive market for approaching and encouraging companies to bring their business here. Now with our high minimum wage and businesses leaving our borders daily what are we going to do as citizens? You know us plain clothes guys just trying to make ends meat.

We will see a mandatory military commitment enacted under Harpers government, with an ever increasing need for Canada’s prime minister to stay hip in today’s military industrial complex. With regards to Harpers mention of the terrorist threat in Toronto during his CFR speech, I believe this is a direct result of our involvement in foreign affairs. You cannot have your cake and eat it too, we either say no to engage in operations in these sovereign countries or we accept that they will and want to retaliate.

It is directly up to us to speak out against this form of conquest and tyranny; it is no different than what Harper says we have never been involved in. Harper mentions in the CFR speech that Canada has never committed acts of conquest and domination. Oh Mr. Harper your funny, Canada has been oppressing an indigenous culture for more than a few centuries. Many of the rights given upon the indigenous tribes from the governments were broken and in most cases completely ignored or thrown out.

To mention our involvement militarily would take far too long so I will just add, we are helping the conquest of countries through our aid of troops and resources for what most see now as acts of global conquests orchestrated by the global powers in order to keep control of natural resources.

Mr Harper, are you prepared to take us out of the conflicts in the Middle East? Can you assure us that our involvement in any foreign or domestic incident will be only to partake in a peace keeping mission? There will be no live fire or use of instruments which impair a person’s individual rights. By this I mean no instruments which endanger a person’s hearing, vision and or mental capacity for any period of time. As a peace keeping nation we could assure the civilians or natives of any country which explicitly need it a means of mediating in a peaceful way. Our sole position would be to form a dialogue between warring states or nations and help resolve the situation. If peaceful resolution is not apparent and more severe actions need be implemented, I say we have a national vote and let the people decide. As it is us who receive the havoc these countries you the government so easily topple and displace wish to engage on us. With a voting system the majority vote would carry the voice of the people and actual sincerity of our countrymen and women’s involvement in overseas and domestic interventions.

So again are we prepared to take ourselves out of the Middle East and focus on rebuilding Canada in to the humble and diverse country we were so well known for? Stop the police state from rising up, keep us out of the view of political radicals hell bent on destroying the enemies of their states.

Let’s stop participating in global conquest and get back to providing a healthy and stable home front for all of our decedents to enjoy and prosper from. I say bring back the little farmer and the small mechanic shops. Ice-cream parlours and mom and pop bakery and meat shops along with fresh produce markets. Don’t necessarily ban or outlaw warehouse style grocery stores. Merely have them sell food that is worthy of eating.

Let us bring back a time when we grew trees and planted flowers instead of built beyond our population in hopes of making one appear. This concrete society promotes no natural growth nor does it encourage personal gardens or growing. The hanging garden comes directly from a result of no space below and typically a lack of natural earth. It is this natural earth problem Mr. Harper that I want to see addressed, the lack of natural resources such as water and the restrictions put on hunting. All of these hinder our true rights as Canadians. You lock up our natural fresh water locations, you prevent us from providing alternative methods of feeding our family with hunting restrictions. (I do agree with a kill limit per time frame which could be implemented as well) but the point is we should have the say as a populace of this great country as to what it is we can and cannot do.

I do not think the mind set of Mr. Harper includes the rights of individuals and the common guy or gal working their but off to pay high rates on gas and food and everything else really. I mean we pay a lot for everything because most of what is sold to us is produced on the foreign market with no real money being generated in to the hands of Canadians. If we allow this to continue the foreign markets we buy from will be the men and women we swear allegiance to. Look at the bigger picture and think what have they really done for us, and I mean all of these politicians. Nothing!! A big fat nothing!! They have stolen our freedoms and rights and sacrificed many of our brave soldiers on the basis of lies and deceptions from other influential countries and world powers. We have no right meddling, we are just as guilty as those who are with us in the middle east fighting these smaller countries for their resources.

I will let you all ponder over some this and follow up with an evening blog on the events of today and the prime ministers first actions as leader of the country.

Be safe all and have a loverly day

JMG

Bin Laden, Obama and 9/11 part 2 (aka what more can I say)

Well what more can I say about Osama, Nothing! Why you may ask? Well let's see we have ended up getting shafted again. Did we not all know this was coming? They had to eventually put these older things to sleep right. What comes next people, think about this!! What is the next step in this blatant (I want to swear but refrain because this is just empowering them and their hate fuelling corporate empire) Corporate empire!!

Shall we all start just taking their word on everything, okay here is our future. We wake up go to work eat what is provided for us go home sleep and perhaps wash if we can save for the cost of the water. You see it is here!!!

It is in our face now.... the enemy has advanced on our territory and it is time to stand up for what you believe in. These lies need to stop and we need to dismantle the corrupt fed reserve and have a revision of what we the people want from our countries.

Remember our countries are not here to tell us what, where and how we can live our lives, unless we ask them to. It is this simple, our governments have and always kept us silenced by fear of jail or lord knows what. Well we now number in the billions. These governments need to start listening to us. Lets FEED the World not destroy it. 

I DO NOT CONDONE VIOLENCE OR ANY MISCHIEF WHEN WE ADDRESS THESE POWER HUNGRY PIRANHAS!!!!!

Instead I suggest using the power of love and friendship to gain the respect of those who believe their institution is the only way to live. These people can be woken up and I am in no way saying this is, or will be a simple task. What we are going to need is a team of dedicated independent researchers in every city, suburb and county across our great countries.

Our main goal should be focused with our officials already in place, this is the best way to gain a footing and get noticed by those we will be opposing or agreeing with. It is not our system which is messed up necessarily. I see most of the corruptors just using our great and fair system and turning it around on us. So let’s take a stand and make a difference today. I suggest if your city does not have a “we are change” or similar group to invest some time and create one. Use your digital camera and start covering news in your area and post to your social accounts online.

Canada, US…. This message is for us, if we allow any more of this we will be to blame when the proverbial U know hits the fan!! Think of our ancestors who fought for us to have land and a place to call home. They all believed this was the true direction to freedom. Let us prove them right and take back what privileges we are granted at birth. Not just as Americans or Canadians I am talking about all of humanity as a whole.

The Ezone Insider
Post by JMG

Bin Laden, Obama and 9/11 part 1

The President’s Address Regarding Bin Laden

I was privy to watch this live on wh.gov and see for myself.

If the stories are true then we will never have a body to see. Apparently due to Islamic law his body could have been tossed overboard.

Today is still early and I will be bringing you up to the minute Osama news.

Below you will find page 83 from the 9/11 commission - 9/11 commission audio version being streamed all day > http://www.ezoneradio.com/ezone2/radio/dj1.html

The underlined text above states who they believed to be the real mastermind

This is Bush’s video describing that he did not see one man as the threat and was not as interested as Osama in Obama!

Benazir Bhutto: Bin Laden was Murdered

This women was a politician in Pakistan

We will be active covering 

the Canadian Political Race

&

Obama's Role In The 9/11

AFTERMATH!!