On October 2001, for the Canadian Islamic Congress, ROCCO GALATI,
a Constitutional Canadian lawyer, based in Toronto, said:
"19 terrorists in 6 weeks have been able to command 300 million North Americans to do away with the entirety of their civil liberties that took 700 years to advance from the Magna Carta onward. The terrorists have already won the political and ideological war with one terrorist act. It is mindboggling that we are that weak as a society.
In 2001, speaking at a forum sponsored by Science For Peace Toronto, regarding Canadas Anti- Terrorism Laws Bills
-C36, C22, C35, C42, Galati
"There is not one single right in the Charter that has been developed from the Magna Carta, to the English Bill of Rights, to the French Declaration of the Rights of Man, to the U.S. Bill of Rights, to the U.N. Charter, to the Canadian Bill of Rights, and to our Charter that has not been urinated upon and buried
English Bill of Rights
La D�claration des droits de l'Homme et du citoyen
U.S. Bill of Rights
Canadian Bill of Rights
Canadian Charter of Rights and Freedoms
Now more than five years later, since 911, and since Galati
made his speech on the new Terrorists Laws in Canada
, our leaders have found additional excuses to get rid of our basic rights all together.
Subsequently, the text of the Magna Carta
of 1215, which was one of the first legal documents that protected the rights of an individual against the actions of the King, is viewed by most courts in Canada as simply an historic document, as it claims, it rather rely on the provisions of the Canadian Charter of Rights and Freedoms
, which came into force in 1982, by the famous and infamous former Prime Minister of Canada, Pierre Elliot Trudeau
, for all provinces except for Quebec
, who is not part of the Constitution of Canada
in effect, looking back, our Canadian Government began to seriously chip away at our democracy, when in the month of October year 1970, Pierre Elliot Trudeau
, invoked the WAR MEASURES' ACT
, partly due to the kidnapping of a British diplomat by the name of James Cross and of Quebec Cabinet minister Pierre Laporte by the FRONT DE LIBERATION DU QUEBEC
(FLQ), which were considered terrorist.
Controversy over the appropriateness of these emergency measures and their effect on liberal democracy in Canada and Qu�bec has continued to the present.
War Measures' Act
Statement made by Renee Levesque to the Invocation of the War Measures Act
approach of the "October crisis
" of 1970, was the beginning of a totalitarian
government, wherein any political views shaking up the foundation of the status quo
could and would lead to drastic measures to control the mass of people and has done so.
Pierre Vallieres-White niggers of America
For decades thereafter, even after Pierre Elliot Trudeau
tried to redeem himself with the signing of the Canadian Charter of Rights and Freedoms
, which has helped more criminals than any law abiding citizens, the government and the Courts in Canada and in the USA continue to pound on people, who speak out against injustice. This is to say that freedom of speech belongs only to a few. It does not belong to anyone who speak against a certain group, and it does not belong to anyone who make comments that maybe offensive to a group or person, even if the comments are based on facts.
Now with new recent laws since 911, starting with Bills-C36, C22, C35, C42, and with the
USA PATRIOT Act
anyone can be labeled a suspected terrorist, including and not limited to, UNIONS
and RELIGIOUS GROUPS
In effect anyone who dare to oppose the views of the government may be thrown in jail without being read his rights, as it occured in the month of October 1970, when hundreds of individuals, nearly all of whom were not charged with any crime had been incarcerated.
The province of Quebec has had its share of dictatorship going back to the Duplessis Government and whereas Quebec is under the Civil Code
, the Charter applies to individual rights under the Criminal Code of Canada
. Individual basic rights from Quebec to British Columbia, are:
i. a right to a jury trial;
ii. right to be given proper notice
iii. providing full disclosure
iv. Right of cross-examination
v. Right to face his accuse
vi. Right to counsel
Right to be tried in an open court
vii. Right to be tried by an unbiased decision-maker
viii. Habeas corpus
Unfortunately however, the rights of Canadians have been eroded by our legislators, with the help of our new barons, lawyers and judges, since:
a) jury trials in Canada are just about eliminated;
b) Proper notice is often ignored;
c) full disclosure by the Crown is very seldom properly done; (In fact we just got to read on the matter of Roger Dangerfield, the retired Crown attorney, who was responsible for James Driskell's wrongful murder conviction to know that prosecutors will do just about anything to obatin a conviction from an innocent man).
Crown Attorney responsible for wrongful conviction
d) warrant for an arrest is no longer mandatory;
e) cross-examination in a civil case is only performed if a trial before a judge is allowed;
f) some accused get tried in camera
without the attendance of the public;
g) some accused who cannot afford counsel are left to defend themselves; and
i) there are times when the Crown and court together will not allow the accused to face the accuser; and
j) Habeas corpus
was refused in the October Crisis and often is ignored by the Court, and when not overlooked, the court rarely ever grants the application.
In effect, as recent as October 17, 2006, across the border, President George W. Bush signed another draconian law the Military Commissions Act
Military Commissions Act
The latest new antiterrorist legislation in the USA, has in effect killed Habeas Corpus
For those who may not be familiar with the legal latin term of Habeas Corpus
, it is the name of a legal instrument or writ by means of which detainees can seek release from unlawful imprisonment.
A writ of habeas corpus
is a court order addressed to a prison official (or other custodian) ordering that a detainee be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.
The writ of habeas corpus in common law countries is an important instrument for the safeguarding of individual freedom against arbitrary state action. Without such Writ, anyone can be detained in jail unlawfully
Accordingly, stifling peoples freedom has gone one notch over, with the new legislation, which effects everyone, whether a US citizen or not.
Pierre Elliot Trudeau
also led the populous believe, like President George W. Bush, that his actions were for the safety and security of its citizen when he invoked the WAR MEASURES' ACT in 1970, when in fact his action taken were the beginning of the down fall of our democracy in Canada. In effect, Bush's action in the last 5 years has also led to the death of their democracy.
Question & Answers on the Military Commissions Act
About two-thirds of the clauses of the Magna Carta
of 1215 were concerned with matters such as the one mentinoned here, yet here we are back to square one, wherein the King and its barons --- in this case, the Politicians
, Members of the Bar
, including the Judiciary
--- is again out of control.
Thus to the serious readers and persons with knowledge and those who are learned and those who are learning about the importance of the basic rights found in the 10 Commandments and in the Great
Charter, which was drawn up with the inspiration of God, take the time and go back and read the Document of the Magna Carta
As professor Holt writes in his book: "The Magna Carta stood the test for 700 years from attacks by lawyers, judges, politicians and members of religion sect"
and whereas we have been experiencing a serious storm for last three or four decades, soon the sun will return and soon peace will occur, as soon as we return to the basics.
In the meantime, here is something that may inspire some of you:
THE REEDS OF RUNNYMEDE
by Rudyard Kipling
Magna Carta, June 15, 1215
At Runnymede, at Runnymede
What say the reeds at Runnymede?
The lissom reeds that give and take,
That bend so far, but never break.
They keep the sleepy Thames awake
With tales of John at Runnymede.
At Runnymede, at Runnymede,
Oh, hear the reeds at Runnymede:-
You mustnt sell, delay, deny,
A freemans right or liberty.
It wakes the stubborn Englishry,
We saw em roused at Runnymede!
When through our ranks the Barons came,
With little thought of praise or blame,
But resolute to play the game,
They lumbered up to Runnymede;
And there they launched in single line
The first attack on Right Divine-
The curt, uncomprmising, Sign!
That settled John at Runnymede.
At Runnymede, at Runnymede,
Your rights were won at Runnymede!
No freeman shall be fined or bound,
Or disposed of feehold ground,
Except by lawful judgment found
And passed upon him by his peers.
Forget not, after all these years,
The Charter signed at Runnymede.
And still when Mob or Monarch lays
Too rude a hand on English ways,
The whisper wakes, the shudder plays,
Across the reeds at Runnymede.
And Thames, that knows the moods
And crowds and priests and suchlike
Rolls deep and dreadful as he brings
Their warning down from Runnymede!
Magna Carta 2