TRUTH - COURAGE - JUSTICE - INTEGRITY - HONOR - FISCAL ACCOUNTABILITY
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A number of individuals have shared with us their personal account of challenges they have faced with the current justice system here in Canada. People reach out to anyone who may be able to provide a solution to the situation in which they find themselves embroiled in, often through no fault of their own. While we are not in a position to offer remedy to these individuals, we are able to comment on the current judicial system and how the delivery of justice is contrary to the Constitution Act 1867-1982.
Here is a capture from a Supreme Court Case which was filed in 2017, S.C.C File No. 37325 This verifies the authenticity.
This is a snapshot from the affidavit from a retired RCMP officer, admitting that there is serious corruption within the justice system between judges, lawyers and court staff, involving payoffs, bribery and case fixing.
This corruption frees criminals from accountability to their crimes, but it also allows for the framing of innocent individuals to the favor of criminals. This is contrary to the Constitution Act.
Let us start with Article 52 of the Charter of Rights and Freedoms, taken directly from the constitution act. The constitution is the supreme law of Canada, meaning that no other law, which is contrary or inconsistent with what is stated in the constitution, has no effect.
Primacy of Constitution of Canada
· 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.
Article 32 of the Constitution Act 1867-1982 explains that the Charter of Rights and Freedoms applies to the Parliament and to Government. It does not apply to people outside of the government who have no contract with the government, meaning average citizens. It is the supreme law and the responsibility of the government or anyone who works on behalf of the government to ensure that these fundamental freedoms are upheld.
Application of Charter
· 32. (1) This Charter applies
o (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
o (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
The legal rights for individuals are laid out in the Charter of Rights and Freedoms. The government must ensure that these rights are protected for individuals as outlined in the constitution Act 1867-1982.
Marginal note: Life, liberty and security of person
7. 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.
Marginal note: Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.
Marginal note: Detention or imprisonment
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Marginal note: Arrest or detention
10. Everyone has the right on arrest or detention
· (a) to be informed promptly of the reasons therefor;
· (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 corpusand to be released if the detention is not lawful.
Marginal note: Proceedings in criminal and penal matters
11. 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;
· (c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
· (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
· (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
· (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
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Marginal note: Self-crimination
13. 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
14. 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.
How is it possible that the government is ensuring these rights for the citizens of our country when a case like the one mentioned at the beginning of this article are being heard and being dismissed from our court systems, with no accountability to the individuals who are implicated in the corruption. There are so many instances, documented in our court system, whereby individuals are not being granted the constitutional rights to which they are entitled. Individuals’ fundamental freedoms are eroded to the point that there is no faith in our current justice system.
The Royal Public Society of Canada has adopted the Constitution Act 1867-1982 as the guiding document for the society and will endeavor to uphold the individual rights and freedoms that Canadians expect. The Royal Public Society of Canada will also recognize the validity of the Magna Carta and the return of common law to our court systems. Our mission statement offers the following:
Law and Justice
The SRPC will immediately reinstate, according to the Canada Act 1982, c. 11 (UK), or before, the King's Bench and the People's Grand Jury according to the tradition or custom of the People of Canada. Both instances are superior in fact and in law, above any other state court, directly under the authority and jurisdiction of the Sovereign of Canada. This is an important legal measure of protection essential for the People of Canada against tyranny. This, through the full responsibility of the Department of Justice Canada, as soon as possible after compliance with the Canada Act 1982, c. 11 (UK). The formation of both of these tribunals, currently non-existent, is under the sole discretion of the decision of the S.R.P.C. The conditions for recovery of such tribunals remains to be established in practice, which will subsequently be communicated.
This is the only way that we can return to a just society where the misdeeds of criminals do not go without consequence and where innocent individuals cannot be unjustly embroiled in false accusations. The common law method of justice is the only way to grant the citizens of our nation trust in the courts, and in the process that ensures their fundamental rights are adhered to and maintained with confidence. A broken system cannot be repaired with more of the same weak processes. Only a new fresh system of justice will ensure that we can move forward with confidence.
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