Where do you stand?

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights.

Where do you stand?

Postby Houndogsteve » Thu Jul 18, 2013 6:17 pm

Have you read the Charter of Rights and Freedoms? Search for The Constitution Act 1982 and it will come up. The Charter of Rights like all of the Charters as we know them derive from the Magna Carta (which literally means The Big List in Latin) signed in 1215 by King John, still stands today in almost it`s original form. Why the need for a Charter? Whilst King Richard was fighting the Crusades (which is a whole other story) in the Middle East, his Brother Prince John consolidated his position and arranges the assassination of his brother so to take on the Crown (This story is brilliantly told in the Movie Robin Hood with Russell Crowe by the way) from the beginning Prince John basically unleashed a rule of dictatorship which intensified when he became King. Misspent the treasury and taxed the Country to death to pay for his indulgences be it pleasure or war. The Land Owners, Noblemen etc., revolted and drew up the Magna Carta in 1212 to establish the LIMITS of the Kingdom (Now Government), King John promised he would sign but only after the Noblemen promised to raise and army to defend Englandan attack by the French. When the French were warded off of course like all Tyrants, refused to sign and only after much loss of blood did King John in 1215, with a dagger at his throat, signed the document into Law. Much blood has been spilled since defending those Rights and Freedoms. It`s is about an hours read in easy to understand language and most of the Articles are basic things, like Freedom of Speech, Freedom of Association, Freedom from Illegal searches and seizures, however the two most important articles are 32 and 52........

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 legislatures and governments 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.

And........

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.

(2) The Constitution of Canada includes

(a) the Canada Act, 1982, including this Act;
(b) the Acts and orders referred to in the Schedule; and

(c) any amendment to any Act or order referred to in paragraph (a) or (b).

(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

You can see that it quite clearly states the the Charter applies only to the Government, when a Police Officer (Or anyone) puts on a Uniform in the Service of the Government, this Charter Applies to him or her, restricting their behavior/attitude toward the PUBLIC who employ them to Serve and Protect, unless there is a clear Breach of the Peace. Article 52 reminds us that this is the SUPREME Law or in other words, there is only one higher authority above that....God The Charter does NOT apply to us, Laws apply to us. The Charter is a "Written in Stone" Document with a set of conditions for the Governments behavior, which is why it can only be amended but the actual word and intent of the document are always in effect. I know it`s a bit wordy but I think it is worth clarifying those few points.
Last edited by Houndogsteve on Mon Jul 22, 2013 10:25 pm, edited 1 time in total.
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Re: Have you read the Charter?

Postby Gkuke » Thu Jul 18, 2013 9:17 pm

It is a good thing that the Charter exists. The Government still has somewhat of an upper hand when it comes to the application of the charter, high legal fees and bias judges. If you have had your Chartered rights violated you will have to pay plenty to prove and defend your rights. Ask a lawyer what it will cost to defend a charge, ouch that is a slap in the face. Now the lawyer tells you your best chance is to file a Charter application, how much will that cost ? Ouch !!!!! slap to the face, kick to the groin, punch in the gut. Then the chances of getting a smart judge that is not bias is definitely not a sure thing. Don't forget if the judge ( who works for the Government ) rules that your Charter of Rights have been violated, he/she is saying the Government ( cops or whoever ) is now guilty of violating your rights.

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Re: Where do you Stand?

Postby Gkuke » Mon Aug 12, 2013 9:11 am

Please do not let my last reply deter anyone from claiming that their Charter of Rights have been violated.

I was charged by a cop from the Peterborough OPP and that cop fabricated all of the incriminating evidence that was presented in court.
I represented myself and submitted a Charter Application. The Charter Application was submitted to attack the charges with everything I could throw at them.
In the end, not only did the Judge acquit and dismiss the charges, but he also ruled that my Charter of Rights were violated. That ruling has now made the cop guilty of violating me. That cop will now, be paying for violating me.
If I did not submit the Charter Application, there would not have been a ruling that makes the police liable.

That ruling would likely cost about $30,000.00 if I paid a lawyer.

I encourage people to represent themselves and whenever possible, submit a charter application.

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Re: Where do you Stand?

Postby Michael » Tue Aug 13, 2013 6:50 am

You are absolutely right! People can and should represent themselves. From my personal short experience as a police officer I can say with certainty that many unwarranted charges are laid against people who do not know any better. I was quite shocked when I witnessed and also later learned about the wrongdoing by police officers who treat people as numbers. It is very unfortunate that, as Ontario Superior Court Justice D.M. Brown recently commented (please see the link below), "Ontario courts ‘only open to the rich." That leaves little room for maneuver for average citizens.

http://www.theglobeandmail.com/news/nat ... e12942343/

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Re: Where do you stand?

Postby William5847 » Sun Mar 02, 2014 11:22 pm

Dear Michael....so sorry re: your experience at Peterborough OPP....but over my 30 years on the OPP I came across many good and honest officers from a lot of different Branches...My concern is you are using a very wide brush to paint us all with the same qualities when this is false...on to another subject......do officers know the Charter as well as Judges or Lawyers....I doubt it and I would rather it be like that....when I was an OPP my job was to bring all of the evidence to the Crown and it was his decision to go ahead or not with litigation....never really cared after that....We ALL HAD A ROLE TO PLAY and I lked playing mine....are their bad cops or disillusioned cops out there....yes

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Re: Where do you stand?

Postby Gkuke » Tue Mar 04, 2014 1:58 pm

Well William, your opinion that you do not know the Canadian Charter of Rights and Freedoms as well as a lawyer or judge and that you prefer it that way, backs up the whole purpose of this site.
I would love to get a sworn affidavit from you so that I could back up my claim for punitive damages.

This is a typical cop right here, I don’t care about your rights, I will violate them and let the judges and lawyers look after the mess after.
I will violate someones rights and if that criminal returns to the street because I violated them, oh well.
I will violate someones rights and if they sue the taxpayers for my incompetence, oh well
I’ll just put in my 30 years of inadequate service and then collect my pension.

The bad cops and disillusioned cops are cops like you that do not care about the rights of the public.

Police are the first members of the state to deal with the public. They are the most important members of the state to know the Charter. If they are to lazy to educate themselves with what they are required to know in order to protect the public then they should not be in a position of authority.

YOU DISGUST THE PUBLIC !!!

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Re: Where do you stand?

Postby Michael » Sat Mar 08, 2014 4:48 am

Dear William, thank you for reading and responding to my story. My life was shattered as the result of the actions of some officers at the Peterborough Detachment who went out of their way to terminate me. In case you are interested in examining the validity of my story, I encourage you to visit the www.racisminopp.org website where my story is posted along with some of the supporting documentation. I wish I could publish online more of the incriminating evidence that is in my possession, but since my case is still before the courts I would like not to do that just yet.

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Re: Where do you stand?

Postby William5847 » Fri Mar 28, 2014 9:43 pm

I really dislike getting into a battle of words with someone who is ill prepared on their best days. My point is that I honestly and openly carried the Charter with respect when it was necessary to deal with an accused suspect. Did I make mistakes that were corrected by the Defence Attorney, Crown or Judge. Yes I did. Was it done on purpose? I was only human when I was in uniform but was the first to ensure that the various charter warnings were given to the suspect, so no it was not done on purpose. I do take offense with several of your statements. They are demeaning to a man who risked his life for the people and did it proudly every shift. I do not know you personally and nor would I wish to have you as a friend. thank you to the facilitator for allowing me to rant.

Michael....I know I cannot be of assistance other than morale but I hope everything turns out for you and your family...Billy O

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Re: Where do you stand?

Postby DetectiveSgtGaga » Wed Apr 02, 2014 2:46 am

@GKUKE

William said what i'd have said. Sometimes mistakes are made in addressing a situation by police. We are human after all, and when that happens there is a blanket of rights which cover and protect all in Canada. Whether the officer knowingly violated those rights or not is a personal aspect of policing. I never knowingly violated another's Charter Rights, but I did do so a time or two without even realizing it.

We are entrusted to protect people from not only others, but sometimes themselves. That is usually a difficult task, complicated with issues of personal safety and the safety of those we address. I

know an officer who would simply cuff someone to a chair and let them sober up. Did he violate their Charter Rights by doing so? Probably did. Would that person have to face the damage they did to themselves, their family and others if they were enabled to be free under the circumstances? Most likely.

The Charter is yours to rely on. Our job is to protect the community and keep people safe. This includes ourselves and other officers.

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Re: Where do you stand?

Postby Gkuke » Tue Apr 08, 2014 9:40 pm

I am not going to get into a battle of words with someone who is ill prepared on their best days such as members of the cop cult.

A persons opinion is relative to their experience and my experience has been that police (about 20 members of the Peterborough OPP) will target your family and assault, trespass, unlawfully arrest, unlawfully detain and imprison, perjure themselves to maliciously prosecute, etc.

I have proved some of these acts and there will be more to come.

Don't try to feed the people the bad apple bullshit, there is a problem, the problem is getting worse.

Police egos and ignorance being added to there authority and then being overseen by biased organizations and justice system that protect the police, is contributing to the problem.

Police are allegedly trained to protect the public, but my experience has been that the police are trained to protect themselves, from the Inspector to the Auxiliary Officer.

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