BILL V. CHARTER
By Jane Scharf
We live in one of the finest, most well developed democracies in the world that has taken centuries to develop. Not only has the parliamentary system evolved in our constitution which recognizes the people of Canada as the sovereign, we have a strong powerful piece of legislation in the Canadian Bill of Rights (Bill) that helps protect this country from tyrannical infiltration such as communism/globalism. It is important to have strong legal rights legislation because for tyrannical infiltration to be successful it is necessary to eliminate your legal rights and freedoms so the state can use police and military against the people to put them into a new political system without their consent.
The author of the Bill Prime Minister John Diefenbaker understood that Canada was at risk of communism replacing our democratic Canadian political system. Diefenbaker told us that his proposed Bill would protect Canada from communism.
Although we have lost some ground democratically thanks to legislation brought in by Perrier Elliott Trudeau such as the Charter of Rights and Freedoms our human rights and fundamental freedoms are still intact because the Bill is still holding strong, and Canadians are rapidly learning about the pitfalls of the Charter and turning to the Bill to defend against arbitrary fines and arrests as well wrongful dismissal based on vaccine passport requirements.
This article will look at some of the historical evolution of our human rights and fundamental freedoms eventually brought under the Bill and we will discuss the current communist/globalist attack on Canada which was escalated with this global pandemic.
Not to worry we are holding the line and many brave Canadians have stepped up to defend our beloved country and so far we are in the lead.
I hope this article will help people understand what legal rights they have and the importance of asserting them to maintain our democracy.
The method being used to undermine our democracy and replace it with communist/globalists is primarily to destabilize the country and demoralize the people. That comes straight out of the communist handbook. They are carrying out their plans subversively. In order to pull it off they have to be able to legally get the police and military to act against the people which is not permitted now under Canadian law. One technique they use is trauma-based mind control called psychological operations or psyops. This is done through infiltration of our government, and main institutions including schools, mainstream press and social media as well as our protest movements.
Videos explaining the communist handbook:
There have been thousands of Bill wins regarding Covid-19 charges but in most case such as the case of Dave Freedom who was criminally charged for protesting his charges where dropped when he challenged with the Bill freedom of speech and assembly.
However, we do have wins for Covid and Convoy and Rolling Thunder on the record.
THE BILL
“An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms”
This preamble indicates that the state is recognizing and protecting human rights and fundamental freedoms you already have i.e. God-given by virtue of being a human and the state is committing to protect these rights. Note this Act obligates the state including the Queen and puts no obligations on the human beings in Canada.
In this part of the Bill it lays out those rights and freedoms recognized and protected by the government. It is the “Rule of Law” that individuals have a right to equal benefit and protection of the law. It protects the right to life, liberty, security of person and enjoyment of property and the freedoms of religion, speech, the press, and of assembly and association. It also guarantees legal rights such as the rights to counsel and a fair hearing.
This section indicates the only way the Bill can be changed. Rights in the Bill are protected in common law so they cannot be removed by legislation. Alford v. Canada 2022.. The bottom line is that the rights and freedoms cannot be abridged unless there due process of law which is a judicial decision calling for it and an Act of Federal Parliament to pass the reduction of right into law. This is very difficult and unlikely to happen because judges are required to respect established common law rights. And to date no rights have been removed nor has there been any attempt to do so since the Bill was passed in 1960.
This is unlike with the Charter where they can just bang out bylaws that violate all your rights under section 1 and leave it up to you to go to court and challenge the reasonableness of the violations. We will discuss this later in the article.
The best thing about the Bill is you can cite it anywhere the government including police or private persons are enforcing Covid-19 measures with sanctions. The Bill applies in all cases where force is used because this is federally regulated activity (Criminal Code of Canada) when they are using force. And the Bill can be cited without notice in all proceedings related to Covid-19 measures where force is used. This includes bylaw tickets, criminal charges and section 22 closures of churches or businesses.
The Bill was presented to the federal parliament in Canada by John Diefenbaker and passed into law in 1960. The Bill was an attempt to codify all your common law rights which back the Bill up when used in formal proceedings. When you use the Bill, you do not have to argue whether there was a good enough reason your rights are violated. You only have to show your rights are violated to seek a remedy.
Diefenbaker was very concerned about keeping communism out of Canada and the Bill was the tool he believed would work to do the job. Here is a famous quote by Diefenbaker he made when the Bill passed:
“I am a Canadian, free to speak without fear, free to worship GOD in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.”
― John G. Diefenbaker
THE CHARTER
The Charter of Rights and Freedoms opening statement:
“Section 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.”
Right out of the gate, unlike the Bill that recognizes your God given ‘human’ rights, the Charter merely guarantees the ‘rights’ laid out in the Charter. These are government issued rights that can be and are currently being taken away easily without court or parliamentary approval under the Covid-19 bylaws. And it eliminates the preamble from the Bill that talks about free individuals and free institutions and the importance of family. This was not an accident. This omission is to help us move towards communism where humans are not free, institutions are not free, and the family has little or no importance. And it has eliminated the right to enjoy property (this is also a communist purpose as land rights interfere with their aim to control all land use) and the right to equality before the law and protection from the law (also important to establish communism).
We will start with a description of what happens in a Charter Challenge. In the Charter the rights (note not human rights) are said to be guaranteed. Look up the guarantee; it allows conditions. And that condition is the state can set limits on your rights without going to court or passing an Act through parliament. They merely have to claim, not prove, they have justifiable reason such as they have done with the Covid-19 measures, which violate all your rights. These Covid-19 measures violate all your fundamental rights. And to try and get them back you must go to court.
There are many problems with the Charter Challenge approach of fighting Covid-19 measures:
Your right to life, liberty, security of persons, enjoyment of property, the right not to be deprived thereof except by due process of law (common law), the right to be treated equally by the law and protected equally by the law, freedom of religion, speech, assembly, association, and press are all violated with the Covid-19 measures. If you use the Charter, these are some of the problems and impediments you face in trying to get your rights back:
Problems with Charter Challenge of Covid-19
CHARTER DESIGN AND LOOPHOLES
Section 1 sometimes called the Mac Truck clause because it is a big enough loop hole for a Mac Truck to drive through. This section limits any and all your rights and freedoms without court approval or public debate in advance. Charter Challenge is the only recourse with is lengthy, complicated and expensive.
Section 24 gives the judge enough authority to override your common law rights.
Charter design and loopholes explained further
RECOMMENDATION
We recommend that you get involved and engage to protect our democracy where the people are sovereign. To do this we need to oppose the communist agenda by maintaining your rights and freedoms. A communist state is a political state where the rights of the people are subject to the whims of the state and can put the states interest over the rights and freedoms of the people. A country where the state is sovereign.
Anyone who tells you that Canada is already a communist country, and all our police are fascist need to be corrected. This is part of the demoralisation process, and we have people embedded in the movement by communists to try and convince us we have already lost our right because we are now a communist country.
Do not be fooled by people who tell you all the police, courts and government are corrupt. We are infiltrated but there are many patriotic police, court, and government officials. Support these persons when possible. For example, pay attention to the fact the Senate is investigating Trudeau’s illegal imposition of the Emergencies Act. They need our support. Send them affidavits with information that you saw that the Truckers Convoy 2022 was legal and peaceful. One lane and intercessions open at all times, and it was not threatening or violent. Also send them footage of the protest if you have it. You can see Q and A on the Emergency Act and a Confirmation of Truckers Peaceful Assembly at the top of the page on Stand4thee under Brian Derksen’s continued truckers action.
Pass the work about the power of the Bill to keep communism out of Canada.
Anyone use the Charter needs to be told it's loopholes and why they are dangerous.
Get up to snuff on the Emergency Act check out the paragraph 3 of the, section 3 and 6 and you will see that Trudeau did not bring this act in legally. He was not to violate our rights and he did, he was to have a good reason under section 3 and he did not. And he was to seek permission under section 6 from the entire federal cabinet before invoking he could have the power to create laws without going through parliament and he did not do this. This is important to understand so we can hold him accountable and stop him from rights violations in the future. Demand that Trudeau be charged with Treason under section 46 2(a) of the
You can make phone calls to your MPP, and Senator as well as to the police.
And above all remember Canada is a democratic country, so the people are sovereign not the Prime Minister and we have natural God given rights that are protected in legislation such as the Canadian Bill of Rights that the government including the Monarchy are subject to. Learn them and how to assert them.
Article on Canadian “Rule of Law”
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