Use of Section 33 of the Charter to restore the Rule of Law in Canada
Aug 23, 2014 — Below is the text of an email I sent to every Premier and Regional Chief in advance of the Annual Premier's Conference.
Honorable Premiers and Chiefs,
I am writing in advance of the Annual Premier's Conference being held
this upcoming week. I would appreciate a few moments of your time to
discuss actionable issues that you are able to have a positive effect
upon. I don't know if these issues are currently on your agenda, but I
ask that you consider them.
As the check-and-balance against Federal abuse of power, you have the
ability to effect positive change through use of Section 33 of the
Charter of Rights and Freedoms. While the Charter specifically gives
powers to the provinces to denounce legislative acts of Parliament,
they are also able to impugn personal actions, stances and dictates of
the Harper Government that are counter to Canadian Law under the
proper definition of the word 'Act'.
To that end, I have compiled a list of relevant issues I humbly
request be addressed at your conference.
1. I have attached a copy of a formal complaint filed with the
Commission for Public Complaints Against the RCMP. I filed charges
with the RNC in Newfoundland against the Harper Government for
inflammatory statements made to Israel in January and a hate
propaganda video produced in July that is meant to be inciteful.
Through their actions, they have used the name of Canada to sanction
the genocide currently occurring in Gaza. The Ottawa RCMP dismissed
the case without filing any paperwork, considering their actions to be
a governing policy. I filed a complaint with the Commission on the 5th
of August and they mailed out a request for a public investigation on
the 6th. On the 12th of August, Minister Steven Blaney issued an
indefinite blanket gag order on the department, effectively
expropriating the Commission from public transparency.
The Provinces and Territories can use the Notwithstanding Clause to
remove the gag order and push to have this investigation completed in
full public view. While the issue of charging the Harper Government
with incitement towards genocide is contentious, without a deeper
understand of context regarding the audience to which he was speaking
(Israeli Knesset) to there is a distinct lack of understanding from
the average Canadian in how his words would be received and
2. On the matter of Tina Fontaine and Missing and Murdered Indigenous
Women, I assume that you're already discussing a means to circumvent
Harper's decision to not proceed with a National Inquiry. My
suggestion is that the Harper Government has been very big on
privatizing prisons. They have a financial incentive to not address
the root of this issue and therefore prioritize solving crimes to
punish offenders over preventing them. This is another example of The
Harper Government's genocidal leanings. I believe the Notwithstanding
Clause will apply in this situation as well.
3. On the matter of the Ukraine, we appear to be supporting a fascist
government. Ukraine has never been a properly unified country and
during the Second World War it was split between the fascists in the
West who supported Germany and ethnic Russians in the East who sided
with Russia. Following the fall of Berlin, the extremist element was
never rooted out from Western Ukraine. It's reared its head again and
the Harper Government has chosen to side with these extremist elements
along with the US and UK. We've not only funded a violent coup, but
the Harper Government provided the election monitors that ensured
their next election was 'fair'... although we all have questions
regarding the Conservative Party's history of election fraud. Since
coming into power the new Ukrainian government announced they would
officially resume hostilities against the separatists on the Canada
Day. They've since gone on to kill thousands of innocent civilians in
the continuing conflict against against an ethnically distinct group.
Again, the Harper Government is shown to be aiding and abetting
genocidal elements. Use the Notwithstanding clause to cease any and
all aid to Western Ukraine.
4. Return Section 13 to Canadian Human Rights Law. While its removal
was championed as a win for free speech, through social media a door
has been opened that allows hate to flow into the world directly. With
the Harper Government having over 3000 staffers involved with
communication, we're seeing the end result in constant derogatory
comments, blogs, tweets and status updates meant to smear not only the
Conservative political opponents, but any department, organization or
individual that disagrees with the Harper Government. This has spread
into the general population, and since we have become divided on
issues like Ukraine and Gaza, it has led to an explosion of hate
speech, deepening racial and religious divisions between Canadians.
Prime Minister Jean Chretien mentioned this as one of the primary
reasons for the use of the Notwithstanding Clause in his 2008 book, My
Years As Prime Minister. At the very least, re-implementing this law
may cause Canadians to think twice before launching into a series of
racial or religious slurs on Twitter or Facebook.
5. The Harper Government is implementing repressive censorship. The
Harper Government has demonstrated institutionalized racist policies
that are genocidal. The Harper Government has levied war against
Canada through increased war rhetoric against entities we are not
currently at war with. The entire Harper Government should be placed
under arrest by the provinces until a full and complete investigation
of the criminal circumstances surrounding these events can be
completed. Again, the Notwithstanding Clause gives the provinces power
to enact such a change.
Using the Notwithstanding Clause to remove the Harper Government for
criminal actions, while unusual, passes the legal test for
applications of the limits clause. There is a pressing urgency to
quell increasing dissent amongst Canadians against a government that
is seen as criminal. Left unrectified, the continued actions of the
Harper Government will contribute to the breakdown of civil society in
areas of the country, or lead radical elements from other regions to
attack our civilians for supporting a genocidal foreign policy. The
effect of arresting the Harper Government for their actions is also
proportional as their criminal actions are have a definite negative
impact on our free and democratic society. Having campaigned on
implementing harsher penalties for those who break the laws of Canada,
now they must be punished by that system for breaking those same laws.
Finally, while I have seen recent banter regarding provinces
separating from Canada, I believe it would be in the best interest of
all Canadians at this time for the provinces to present a united front
against the Harper Government. This would maximize the effectiveness
of these available actions in defending the sovereignty of Canada.
Thank you for your time, I hope to have your full assistance on these matters.