Tag Archives: Canada

image_pdfimage_print

Petition to END RACE BASED LAW in Canada

PETITION TO THE HOUSE OF COMMONS

WE, the undersigned citizens of Canada, draw the attention of the Government of Canada to the following:

THAT whereas the Indian Act and Section 91(24) of the Constitution Act, (1867) have divided Canadians by race and heritage; have perpetuated the unequal treatment of Canadian Indians, providing the legal framework for segregation via the reserve system; have prevented reserve Indians from equal provincial educational access; have prevented reserve Indians from having the full legal, economic and property rights and opportunities of other Canadian citizens;

AND whereas the inclusion of Sections 35 and 25 in the Constitution Act (1982) have divided Canadians by race and heritage; have disrupted legal commercial and exploration activities; have introduced legal uncertainty into property ownership; have left some Canadians without proper police protection, as in Caledonia, Ont.; and have left most Canadians with diminished rights with every expansion of ‘indigenous rights’ based on Section 35;

AND whereas the inclusion of “with particular attention to the circumstances of aboriginal offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46) has resulted in a two- tiered system of justice, wherein Canadians receive different legal outcomes, depending on their race/ethnic heritage;

AND whereas the United Nations “Declaration on the Rights of Indigenous Peoples” contains provisions that are fundamentally incompatible with Canada’s constitutional framework;

THEREFORE, your Petitioners call upon the Government of Canada to take the following actions:

THE passage of the repeal of the Indian Act;

THE passage of the removal of “with particular attention to the circumstances of aboriginal
offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46);

THE removal of Canada’s signature from the United Nations “Declaration on the Rights of
Indigenous Peoples”;

THE calling of a Constitutional conference, pursuant to Section 35.1 of the Constitution Amendment Proclamation (1983), leading to the repeal of Sections 35 and 25 of the Constitution Act (1982), and Section 91(24) of the Constitution Act (1867);

THE active encouragement of the provincial legislatures to do the same, or via provincial referenda; and the calling of a federal/provincial Constitutional conference to finalize these changes desired by the people of Canada, including setting a date for the final termination of Treaty and land claims submissions.

___________________________________________________________________________

Petition signed by the citizens of Canada.
Name & Address (city, province, postal code)

————————————————————————————————————————————————————————–

_____________________________________________

Please note, this part is for information purposes only and does not form any part of the Official Petition.

DOWNLOAD AND PRINT PETITION
______________________________________________

*Note that the pages must be free of erasures and contain only original signatures and addresses written directly onto the front AND also the back of the petition page.

The request contained in the Petition to END RACE BASED LAW has been reviewed by Richard Bernier, Procedural Clerk and Clerk of Petitions, House of Commons, and found to meet the official requirements.

Names will not be used in any way other than for the purposes of this Petition conforming to the requirements of the Canadian Government, it is to be presented to the House of Commons.

__________________________________________________________________________

Contact: endracebasedlawpetition@gmail.com

___________________________________________________________________________

SIGN ONLINE

Petition to END RACE BASED LAW

not legal,

as the printed and signed version is,

but it’s worth signing anyway.

endracebasedlaw.com/online-petition

VIDEO:
END RACE BASED LAW Radio-2 “The Petition” with Gerry Gagnon & Michele Tittler
http://youtu.be/2wXXsOcHk6w

Why End Race Based Law?

Canadians believe in equality, that all men and women have equal rights. We have determined that all shall be treated fairly and that no one shall be shut out of Canadian life, and especially that no one shall be shut out because of his, or her, race.

Only a policy based on this belief can enable Canadians of Aboriginal heritage to realize their needs and aspirations.

Native Aboriginal relations with other Canadians began with special treatment by government and society, and special treatment has been the rule since Europeans first settled in Canada. Special treatment has made of the Aborignals a community disadvantaged and apart.
Obviously, the course of history must be changed.

The changes proposed recognize the simple reality that the separate legal status of Aboriginals, and the policies which have flowed from it, have kept the Aboriginal people apart from, and behind, other Canadians. The treatment resulting from their different status has often been worse, sometimes equal and occasionally better than that accorded to their fellow citizens.
What matters is that it has been different.

We can no longer perpetuate the separation of Canadians.
Now is the time to change.  Continue reading Why End Race Based Law?

On Using The Term ‘Indian’

On Using The Term ‘Indian’

“Indian” is the precise, legal and denotative term for what is in fact a purely race-based legal category of persons in Canada. It’s in the title of the Indian Act and used throughout that statute. It’s in the constitution of our country, referring to that class of aboriginals who inhabit southern Canada. (The other two legally defined types of aboriginals in the constitution are “Inuit” and “Metis”.)

“It’s used by our courts in their many decisions emanating out of this burgeoning area of law. Indeed, in a very recent and important Court decision, ‘Keewatin’, the court extensively discussed what it clearly regarded as the important and worthy concept of “Indianness”.

“To me, it’s offensive and counter-intuitive to our basic civic values that we should still have, and want to permanently keep, any category of Canadians defined solely on the basis of their race — and who would possess a whole series of special legal rights and entitlements based solely on the mere fact of their race — the mere accident of their birth…  Continue reading On Using The Term ‘Indian’

Trudeau and Gosnell

Trudeau and Gosnell

‘Nisga’a Chief James Gosnell, at the 1983 First Ministers’ Conference:

“It has always been our belief, Mr. Chairman, that when God created this whole world, he gave pieces of land to all races of people throughout this world — the Chinese people, Germans, and you name them, including Indians. So, at one time our land was this whole continent — right from the tip of South America to the North Pole… It has always been our belief that God gave us the land…and we say that no one can take our title away except He who gave it to us to begin with.”

‘To which Prime Minister Trudeau responded:

“Going back to the Creator doesn’t really help very much. So, He gave you title but, you know, did He draw on the land where your mountains stopped and somebody else’s began…? God never said that the frontier of France runs along the Rhine…

“I don’t know any part of the world where history isn’t constantly rewritten by migrations and immigrants, and fights between countries changing frontiers. And I don’t think you can expect North America or the whole of the Western Hemisphere to settle things differently than they have been settled anywhere else — hopefully, peacefully here.”  Continue reading Trudeau and Gosnell