WhatFinger

Language Rights, Property Rights, Personal Freedoms

The Ghost of P.E.Trudeau smirks again



Last week on Thursday, February 2, 2012, I sat nearly six hours straining to hear (bad acoustics) an appeal to the Ontario Appeal Court concerning the legal right of a small town in Eastern Ontario named Russell, to issue and enforce a bilingual sign bylaw requiring private individuals and corporations to display any of their business signage in French and English.
The Appellants were Howard Galganov and Serge Brisson. In Mr. Galganov’s case he had his signage solely in English and Mr. Brisson’s was solely in French. Mr. Galganov’s signage appealed to the town’s 90% English-speakers and Mr. Brisson’s to its 90% French-speakers. Each of the Appellants objected to being fined for refusing to accede to the bilingual bylaw. The Town of Russell is about 1700 people in size and approximately 50% are English-speakers and the other 50% are French- speakers. As expected, the lawyers acting for the Appellants quoted many precedents for the Town of Russell not having the right to issue bylaws concerning language use and the Township’s pro bilingual-sign lawyers quoted signage law precedents having little to do with language. The latter’s main argument seemed to be that the French language was under threat of being lost because the proportion of French speakers to English speakers was declining (although their French population was growing – but not fast enough) and the signage was needed to make the French speaking citizens feel comfortable in a growing English milieu.

This reporter’s frustration

All through the hearing, I grew increasingly angry. I was frustrated and incensed that the right of any of us, before and under the law, to speak any damn language we like or print in any language we want, or mail or e-mail in any language under the sun was being tampered with again, as it has been since 1965. I kept seeing that pirouetting Trudeau sneering behind the Queen as she signed the Charter of Rights and Freedoms in 1982 and seemingly axed Canada’s British derived laws of freedom. I sincerely hope Galganov and Brisson win but they should never have had to bring their case before any court. Already a Francophone lower court judge ruled against them and levied excessive costs payable to the Town of Russell in a very suspect prejudicial effort to shut down the Appellant’s cry for justice.

Going through my mind again and again was the fact that I, as a World War II combat veteran, 87 years of age, have to sit and bear witness to work of thousands of thankless unseen enablers who have twisted every law in the book in the attempt to create a pro-French, pro-minority ruled Canada. Most stomach churning though, was my incessant vision of P.E. Trudeau’s Charter of Rights and Freedoms, here once again being used to carry on with the obliteration of all Canada’s former laws and every principle of law that upheld the freedoms that I and millions of others had fought for. For that, I also blame past P.M. Mike Pearson who in 1965, out of his desire for fairness had tried by means of language laws to encourage more French-speakers to gain greater access to the Federal civil service. Trudeau however, was the prime culprit who, like the proverbial “Camel let into the Tent” seized his opportunity to create an Officially Bilingual Canada that he well knew would never work for the English-speakers but would enable the ethnically insular, self-centered Quebecois and their Anglo-Quebecer Quislings to rule all of Canada – in French! I thought “Why do these Judges all across English-speaking Canada tolerate these French language usage cases when our 1867 Constitution does not require it?” I am a Canadian born (Toronto) citizen of English descent and I was raised at home and at school in the principles of English Common law, upon which Canada was founded. So far as I am concerned, here is the real truth of the matter:

Charter Rights in conflict with Common Law Rights and Freedoms are Illegal.

I am not a lawyer. I use the vernacular as I am entitled to in all English Common law Courts (so are you). Whatever the appropriate lawyer’s terminology, the Charter is a travesty but it has one saving grace. Strangely, I have rarely seen it used in the courts. It must be used on all occasions where laws are being passed or have been passed that would override our historic rights freedoms, including those special laws assigned to particular designated minority groups and French language-speakers that are contained in this disgraceful Charter. Here is that one saving grace. Please memorize it: “The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in Canada.” (Section 26) That being so makes all Employment Equity laws illegal. It makes all Group rights illegal. It makes Section 15, Sub-Section 2 of the Charter itself illegal because this Section infringes upon my right (and yours) to be the equal of every other person before and under the law. That is why I hate what has happened to Canadians. Most Canadians have become blind serfs to a disgraceful set of laws that the former would-be war-time traitor to Canada – P.E. Trudeau and that Francophile fool of a former Prime Minister, Mike Pearson created. No wonder Trudeau danced and sneered behind the Queen’s back. The truth is that every right and freedom you obtained when you were born anywhere in Canada or when you became a landed immigrant or citizen of Canada is still yours. That includes all the rights that pre-existed the introduction of the Charter of Rights and Freedoms or any other law contrary to your existing inherent rights that has been passed or will be passed in the future. For example: Property rights still exist as they were before the Charter. Complaints they are not in the Charter do not matter. They are still alive. They must be upheld. Language rights that existed prior to the Charter are still valid. Forced language laws or regulations governing all employment, promotion of any type are illegal, except those written into the 1867 Constitution of Canada. No law that infringes your personal freedoms may be passed, except those that by common consent are passed through Parliament and become Criminal or Civil law. Justice must be blind to all but the facts and sworn testimony of any legal witness in the case before it.

No person may obtain or be granted special rights, privileges or protections “in law” by reason of skin colour, race, religion, ethnic group, disability, sex, sexual orientation or any other personal or group characteristic. Thus, “Human Rights” tribunals (Kangaroo courts) that follow no known laws or procedures and are prejudicial towards “priveledged white males” must be eliminated because they override all our former laws, principles of law and every fairness ever known to the free citizens of Canada. The fundamental ancient Principle of the Rule of Law that must also be upheld at all times by all the citizens and courts of Canada is such that “each of us is the equal of each other before and under the law.” As a child, a youth and an adult I knew this Principle well, as did most of my contemporaries. It was embedded in our souls. The common saying went, “Prince or Pauper – Rich or Poor – No Person is above the Law”.

The United States Constitution includes almost the same protection as our Section 26. It was also designed to ensure that existing rights (English Common Laws, Principles and Procedures) will not be overridden by their Constitution or any future laws. It reads: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Yes! – and note the word “disparage” and the phrase “retained by the people” That is what our lawyers, politicians and the courts have been doing to us ever since Trudeau and Pearson’s travesties – disparaging our freedoms and sneering at the peoples laws. Their self-inflating Charter “living tree” philosophy that they may prune at will is pure social activism and an a foul expectoration upon the people’s inherent laws.

More and more people don’t vote. Too many people now disparage our democracy. Others parade, demonstrate and use violence to “change” things. They foolishly emulate the backward Middle East and their “Arab Spring unfortunates.” They “Occupy” public and private property and sneer at their own laws and governments. The socialists would rather fight for their “entitlements” than pay for their county’s security and freedoms. To sum up folks, it was a discouraging day at the Court House. But then at my age, I know I am biologically doomed to die chagrined at the mess my countrymen have allowed to take place. All I can hope for is that our younger people will be encouraged to explore their long history of the trials of their forebearers through war and peace and correct these growing mistakes in law, principles and practice or they will lose their liberties and freedoms entirely.

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Dick Field——

Dick Field, editor of Blanco’s Blog, is the former editor of the Voice of Canadian Committees and the Montgomery Tavern Society, Dick Field is a World War II veteran, who served in combat with the Royal Canadian Artillery, Second Division, 4th Field Regiment in Belgium, Holland and Germany as a 19-year-old gunner and forward observation signaller working with the infantry. Field also spent six months in the occupation army in Northern Germany and after the war became a commissioned officer in the Armoured Corps, spending a further six years in the Reserves.

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