DAN BERLADYN

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Datetime: 2018-07-23 03:59:29 +0000
Post Title: CONSTITUTION ACT, 1982

CONSTITUTION ACT, 1982 (80)

PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

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

"Whereas Canada is founded upon principles that recognize the supremacy of TRUTH."

Guarantee of Rights and Freedoms

Marginal note:Rights and freedoms in Canada

 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

Marginal note:Fundamental freedoms

 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.

Democratic Rights

Marginal note:Democratic rights of citizens

 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.

"I was prevented from voting in the last federal election due to the mess I found myself in barely surviving after being unjustly thrown out from my home.  In trying to vote, without the ability to receive my mail and subsequently in poor mental health I didn't even know where the voting booth had moved from it's longstanding polling station."

Mobility Rights

Marginal note:Mobility of citizens
  •  (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

"Being fingerprinted and arrested this is now more difficult."
  • Marginal note: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.

"The British Columbia Government through it's policing and court services have been denying my right to my residence and thereby my livelihood driving me into financial ruin and consequently suicide which I deem to be murder by the state."

Legal Rights

Marginal note: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.

"I have been denied the Right to life, liberty and security of the person all while denying me the principles of fundamental justice.  There can be no justice without truth.  Deny my ability to garner and express my truth while denying my right to life, liberty and security of the person and you deny the basic principles of fundamental justice."

Marginal note:Search or seizure

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

"The Port Moody Police searched my home under the guise that I was a threat, even though they had already deemed that I was not a threat."
Marginal note:Detention or imprisonment

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

"Detained in a locked psychiatric ward four times against my will.  All times damaging to my overall health and situation.  Incarcerated in jail for 3o days and then again for two weeks for simply trying to save my own life."

Marginal note:Arrest or detention

 Everyone has the right on arrest or detention

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

"I was never informed that I am being arrested so the police and the crown can play games with Peace bonds denying my home and everything that goes along with it simply because they have taken it upon themselves to decide where I should not live rather than deal with the actual issues."

  • (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.

Marginal note:Proceedings in criminal and penal matters

 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;

95748 - "Denying my home for five months in 2016 was enough to case complete financial collapse to the point where I could not feed myself, never mind provide for a defense to save my life.  This after I almost dropped dead from stress just two months prior and nearly committed suicide in the darkest six months of my life only two years earlier.  Secretive court cases not available to the public should not be a thing.  Even the Duty Counsel stated that I was Railroaded in the first five minutes of looking at the files."

98702 - "
  • (c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

Mental Health Evaluations - "Forcing someone into speaking with mental health employees is compelling them to be a witness against their own person."

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

"Denying the Right to a persons home until proven otherwise is not a presumption of innocence."

  • (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

"Therefore I should never be Charged again for dropping my possessions, livelihood and my Person off at HOME while taking preventative measures to avoid committing suicide."

  • (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.

Marginal note:Treatment or punishment

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

Marginal note:Self-crimination

 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.

Marginal note:Interpreter

 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.

Equality Rights

Marginal note:Equality before and under law and equal protection and benefit of law
  •  (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.

  • Marginal note:Affirmative action programs

    (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. (84)

Enforcement

Marginal note:Enforcement of guaranteed rights and freedoms
  •  (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.

"The court has to first be willing make use of the available time."
  • Marginal note: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.

"I think there is an argument here.  Throw the Charges and the Peace bond out."
Marginal note:Rights guaranteed equally to both sexes

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