Tag Archives: Legal Equality

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‘End the Charade’

‘Cha·rade’ (Shəˈrād): “An absurd pretense intended to create a pleasant or respectable appearance.” and “Something that is done in order to pretend something is true, when it really isn’t.” 

erblendthecharade800x800

“The drums continue to beat hard all over North America for “Native Rights”, a code-phrase for ambitions to claim vast tracts of land — up to 85% of some provinces — ‘natives’ say was wrongly appropriated. Unless it is stopped, millions of us will soon have new ‘landlords’… Many of these claims are being settled administratively, or in quiet courtrooms out of the public eye. No public consultation. No means of protest.  Continue reading ‘End the Charade’

‘Is Canada Coming Unravelled?’

Most Canadians are blissfully unaware that many aboriginal leaders are attempting to create separate, independent ‘nations’ {countries} within the borders of Canada — ‘nations’ that would ignore Canadian law while still being subsidized by the Canadian people:   ERBLIsCanadaComingUnravelled(2016)800x800“The proposed citizenship law forms a central component of a broader initiative which seeks to develop a self-governing Anishinabek ‘Nation’.”

Canadian aboriginals as a “third order of government” — Federal, Provincial and aboriginal — was rejected for inclusion in the 1982 Constitution, rejected in the five federal-provincial conferences held on this topic, and rejected by the Canadian people in the 1992 Charlottetown Referendum. The continued insistence on this by aboriginal leadership shows absolutely no respect for the wishes of the Canadian people, and the decisions of the Canadian democracy.  Continue reading ‘Is Canada Coming Unravelled?’

‘What Happened To Legal Equality?’

In attempting to cope with the high proportion of aboriginals in Canadian prisons, Parliament and our judicial leadership have unfortunately resorted to differential treatment based on race/heritage:

“Aboriginal-specific programs within correctional institutions should acknowledge THE UNIQUE EXPERIENCES AND NEEDS OF ABORIGINAL OFFENDERS. One of the most striking facts, is that aboriginal people are clearly over-represented in both provincial and federal correctional institutions…” {CAPS added} 

http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html

ERBLEqualityBeforeAndUnderLaw800x800And, of course, there’s also this:

“Criminal Code, Section 718.2:
“(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, WITH PARTICULAR ATTENTION TO THE CIRCUMSTANCES OF ABORIGINAL OFFENDERS” {CAPS added}

http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html
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That discriminatory clause is what the Supreme Court based its ‘Gladue’ ruling on, and has produced the ‘Gladue’ courts {see below}.

However, it conflicts directly with Section 718.2(b), THREE LINES ABOVE IT in the Criminal Code text:

“(b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances”

We need to start living up to CANADIAN values, and the legal equality of all individual citizens as stated in Section 15(1) of the Charter:

“‘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.” 

Continue reading ‘What Happened To Legal Equality?’

‘Is Canada Coming Unravelled?’

“What do they have to teach us? We’ve been around for thousands and thousands of years… History didn’t begin when those guys got lost trying to find a new world. We weren’t lost, they were lost…
They have nothing to tell us of how to run our communities…”

ERBLIsCanadaComingUnravelled800x800The federal Government — ‘Liberal’, at the time — started offering “self-government” to Indian bands in the 1990s, deliberately and undemocratically defying the Canadian people, who had VOTED DOWN the concept as part of the ‘Charlottetown Referendum’. The current government has continued down this path, allowing bands “self-government” as an alternative to the Indian Act.

The problem with this approach is that the Indian leadership regard “self-government” and constitutions as steps along the path to independence and nationhood. The government is playing with fire, and Canada’s future is at stake…  Continue reading ‘Is Canada Coming Unravelled?’

‘Undermining the Rule of Law’

“Dressed up as bogus claims of Treaty ‘partnership’ and ‘sovereignty’ rights, successive court rulings and government policies have knowingly compromised the rule of law by granting special privileges based on ‘race/heritage’.

“This is extremely dangerous. 

ERBLUnderminingTheRuleOfLaw800x800“Corporate ‘First Nations’ are now claiming their genetic inheritance gives them the right to become a co-ruling class in Canada. They are demanding to sit at the ‘top table’ alongside the government. Yet, this is anathema to democracy — it not only undermines the rule of law, but also corrupts our system of government…  Continue reading ‘Undermining the Rule of 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’