Canada is under obligation to respect and promote our natural rights our fundamental Human Rights and Freedoms. In 1976 Canada became a signatory to the international covenants. These Covenants were an expression of our individual Human rights and freedoms. These covenants became the base line, the controlling factor when it came to making up domestic law. Canada and her Sovereign could no longer create laws that did not promote or protect or individual human rights. They were internationally legally bound to abide by the covenants when making domestic laws.
International Covenant on Civil and Political Rights
Article 2
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
2.Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
Article 2
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
2.Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
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Canada now has to Respect and ensure to all individuals the rights recognized in the covenants.
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These rights and freedoms must find their expression in a constitutional process
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This constitutional process must be in provision in unity with the Covenant.
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In Canada there was already a Constitution Act of 1867, the Sovereign, the Government were just fine acting under this constitution act. You see this Constitution act never protected or ensured an individuals natural human rights and freedoms. However after the creation of the legal obligation above Canada now had to create a new Constitution act. They did this very act in 1982. This is when Canada created a new Constitution given effect to the rights and freedoms found in the covenants.
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Prior to 1976 never before in Canada were there such provisions of laws such articles of laws that worked against the Sovereign. These covenants allowed individuals to express there natural rights which was against the concept of servitude, that Canada was built upon. In fact when this state party was bringing forth the new constitution in 1982 there was actually a media blitz against it. The atmosphere surrounding the signing of this new constitution was made out to feel something of a negative experience, something that people wished would be over with already. Yet this was one of the most important actions that had taken place for our individual freedoms and liberties concerning the stronghold of the Monarchy.
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Starting in 1982 after this new Constitution came into force, we as individuals now had article of laws that recognized our individual natural human rights and anyone who could understand what had transpired could now seek to exercise these rights against Her Majesty, the Sovereign and this Government.
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Let us look at one more way that these covenants and the new constitution act opened up another fundamental individual right for anyone who would seek after it.
1. We are going to be looking at the obligations and responsibilities that this state party has [Canada] towards the international covenants, which is better known as the international Bill on human rights.
2. Canada is a signatory to these international covenants and as such they are under obligation to respect, promote and protect individual human rights and fundamental freedoms that are brought forth, listed and protected within these covenants. This is a legal binding obligation. As with any obligation you cannot hold the person responsible to fulfill their liability concerning the obligation if you are never aware that there is a liability towards you in the first place.
3. Canada as a state party to these covenants had the obligation to teach you individually about fundamental human rights and freedoms and their operation here in Canada. This political body has never fulfilled this obligation to instruct us and teach us about fundamental human rights and freedoms.
4. Why have Canada failed in its responsibility towards you and I as individuals to teach us and let us know of such rights and freedoms that exist through the designation of human being. When you stand under your designation as a human being you create a liability against the government they have a debt obligation towards you to make sure that you are enjoying an adequate living. However when you stand under the designation of citizen, that artificial person you have a liability towards the government it is you now that must pay. You are liable to a contribute taxes, you are liable to pay for licenses and permits for lawful actions among many other liabilities they placed upon you.
5. We are looking into the preamble of the international covenant on civil and political rights. We find the following information, the following truth concerning the covenant and the reason or motive of its existence.
6. The States Parties to the present Covenant,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
7. We see that the states parties to the present covenant recognize the idea of a free human being. This free human being enjoys political freedom and freedom from fear and want.
8. The states parties recognize that this political freedom and this freedom from fear and want can only be achieved if conditions were created everyone may enjoy his civil and political rights and his economic, social and cultural rights.
9. These Human beings have the right to enjoy these conditions. For someone to enjoy something it either means that they are in possession of the things they wish to enjoy or they can easily obtain that thing they wish to enjoy. The point being is you cannot enjoy something that you do not have or possess.
10. Here the covenant teaches us that these conditions were already created and can be enjoyed, so it is a done deal, whatever these conditions are that allow the human being to enjoy his political freedom and freedom from fear and want have already been created.
11. The right to enjoy something does not necessarily mean that you are enjoying it. For example someone who owns an ATV, as a good citizen and subject of her Majesty they will purchase their ATV and then they will register it with the license bureau and obtained a permit and permission from her Majesty to drive this ATV. They will place insurance upon the ATV and now they have fulfilled the qualifications to enjoy this right according to her Majesty's enactments. They will bring their ATV home and they will place it in the garage. Since they purchased the ATV and have registered the ATV they have a right to enjoy this ATV this does not mean however that they are enjoying the ATV hour after hour day after day.
12. Someone else who owns a painter's canvas and paint supplies they have the right to enjoy painting. They went out and purchased painting equipment or supplies to enjoy this hobby. They bring this equipment home and place it in the house when they want they can take time to paint and enjoy painting. This does not mean that they will be painting hour after hour day after day. They will enjoy when they exercise that right.
13. There have been conditions that have been created where a human being can enjoy many fundamental freedoms and liberties however these fundamental human rights and freedoms are just that they are rights, they are recognize rights but nevertheless they are rights. A right must be exercised, failure to exercise the right means failure to obtain the benefit of said right.
14. Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
15. We see in article 3 above again that the states parties including Canada have an obligation to ensure the equal right of men and women to the enjoyment of all the rights set forth in the present covenant.
16. Canada has to ensure that when we exercise these rights we are allowed to exercise these rights. The natural rights, the fundamental human rights that Canada has an obligation to ensure, protect and promote are all listed in set forth in the present covenant, the international covenant on civil and political rights or the international covenant on social economic and cultural rights.
17. International covenant on civil and political rights Article 2.1
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
18. Canada as a signatory to these covenants have been placed under obligation to respect and to ensure to all individuals within its territories the rights recognized in the present covenant. This is a binding legal obligation placed upon Canada. When an individual exercises their fundamental rights Canada is bound to respect and ensure these rights.
19. It mentions that the state party Canada undertakes to respect and to ensure, this is just another way of saying that Canada as a state party has promised to ensure and respect all these rights and freedoms for the individual.
20. International covenant on civil and political rights Article 2.2
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
21. In 1976 Canada became a signatory to these covenants in the covenant place an obligation upon Canada to create a new Constitution act. This new Constitution act was to bring forth, was to express was to create a mechanism to give effects to the rights that were recognized in the covenants. There were rights and freedoms that are recognized in the covenants which Canada had to bring forth through the Constitution act or other measures.
22. In 1982 Canada fulfilled his obligation to this international law by creating a new Constitution act and designating it the charter of rights and freedoms.
23. International covenant on civil and political rights Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
24. This is a very powerful statement, is teaching us a few things first and foremost it is teaching us that no one, no government agent, no executive power, no sovereign or even her Majesty herself can perform any act aimed at the rights and freedoms recognized in the covenants. They can also offer no limitations upon these rights greater than what the covenant provides. This is basically teaching us that the international covenants are the ruling force the ruling power against how states parties including Canada must create domestic law.
25. International covenant on civil and political rights Article 4
1 .In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
26. The international covenant allows for limitations to be placed upon some of these rights and freedoms that are listed in enumerated in the covenants themselves in a time of emergency. This emergency could perhaps mean war, famine or natural disasters. In a time of emergency Canada can make derogation from certain obligations.
27. However even in a time of emergency there are fundamental human rights and freedoms, natural rights that cannot be limited or abridged and Canada remains obligated to allow the individual to operate such rights.
28. The covenant states that Canada does not lose its obligation in a time of emergency concerning the following fundamental human rights and freedoms.
International covenant on civil and political rights Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
International covenant on civil and political rights Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
29. It is interesting to note that even during a time of emergency the following natural fundamental human rights and freedoms remain in operation, remain a recognized obligation upon the state party Canada. They cannot force us into recognition as a person before the law, neither can we be held in servitude to a sovereign or a political body.
30. Canada is aware of its obligation, when we look into domestic law the enactments that have been given force of law we find something designated the emergencies act. When we read and look into this act we find that these are laws that are to be in operation during the time of emergency. We find the following enumerated and listed in this emergencies act.
31. Emergencies Act Preamble WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;
AND WHEREAS the fullfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
32. Notice that the Gov. in Council during taking such temporary measures must have regard to the international covenant on civil and political rights and more particularly to those rights that are not to be limited or abridged never.
33. As a state party Canada has these obligations they must respect and ensure the rights and freedoms that were enumerated and listed in the covenants. There are certain rights and freedoms that can never be removed that can never be abridged. No one has the right to perform any act aimed at the destruction of our individual human rights and fundamental freedoms. Canada must provide a measure whether through the Constitution act or another way to guarantee and fulfill these individual fundamental human rights and freedoms.
34. This is a true and real position of Canada. This is the standing of Canada presently. We know that her Majesty is the sovereign of Canada and is the one who holds the executive authority and power of Canada. She transferred these powers to the executive government of Canada and now they remain accountable to our individual human rights and freedoms. We are acting in honor not dishonor when we seek to hold Canada accountable to their obligations that the covenants bring forth.
2. Canada is a signatory to these international covenants and as such they are under obligation to respect, promote and protect individual human rights and fundamental freedoms that are brought forth, listed and protected within these covenants. This is a legal binding obligation. As with any obligation you cannot hold the person responsible to fulfill their liability concerning the obligation if you are never aware that there is a liability towards you in the first place.
3. Canada as a state party to these covenants had the obligation to teach you individually about fundamental human rights and freedoms and their operation here in Canada. This political body has never fulfilled this obligation to instruct us and teach us about fundamental human rights and freedoms.
4. Why have Canada failed in its responsibility towards you and I as individuals to teach us and let us know of such rights and freedoms that exist through the designation of human being. When you stand under your designation as a human being you create a liability against the government they have a debt obligation towards you to make sure that you are enjoying an adequate living. However when you stand under the designation of citizen, that artificial person you have a liability towards the government it is you now that must pay. You are liable to a contribute taxes, you are liable to pay for licenses and permits for lawful actions among many other liabilities they placed upon you.
5. We are looking into the preamble of the international covenant on civil and political rights. We find the following information, the following truth concerning the covenant and the reason or motive of its existence.
6. The States Parties to the present Covenant,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
7. We see that the states parties to the present covenant recognize the idea of a free human being. This free human being enjoys political freedom and freedom from fear and want.
8. The states parties recognize that this political freedom and this freedom from fear and want can only be achieved if conditions were created everyone may enjoy his civil and political rights and his economic, social and cultural rights.
9. These Human beings have the right to enjoy these conditions. For someone to enjoy something it either means that they are in possession of the things they wish to enjoy or they can easily obtain that thing they wish to enjoy. The point being is you cannot enjoy something that you do not have or possess.
10. Here the covenant teaches us that these conditions were already created and can be enjoyed, so it is a done deal, whatever these conditions are that allow the human being to enjoy his political freedom and freedom from fear and want have already been created.
11. The right to enjoy something does not necessarily mean that you are enjoying it. For example someone who owns an ATV, as a good citizen and subject of her Majesty they will purchase their ATV and then they will register it with the license bureau and obtained a permit and permission from her Majesty to drive this ATV. They will place insurance upon the ATV and now they have fulfilled the qualifications to enjoy this right according to her Majesty's enactments. They will bring their ATV home and they will place it in the garage. Since they purchased the ATV and have registered the ATV they have a right to enjoy this ATV this does not mean however that they are enjoying the ATV hour after hour day after day.
12. Someone else who owns a painter's canvas and paint supplies they have the right to enjoy painting. They went out and purchased painting equipment or supplies to enjoy this hobby. They bring this equipment home and place it in the house when they want they can take time to paint and enjoy painting. This does not mean that they will be painting hour after hour day after day. They will enjoy when they exercise that right.
13. There have been conditions that have been created where a human being can enjoy many fundamental freedoms and liberties however these fundamental human rights and freedoms are just that they are rights, they are recognize rights but nevertheless they are rights. A right must be exercised, failure to exercise the right means failure to obtain the benefit of said right.
14. Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
15. We see in article 3 above again that the states parties including Canada have an obligation to ensure the equal right of men and women to the enjoyment of all the rights set forth in the present covenant.
16. Canada has to ensure that when we exercise these rights we are allowed to exercise these rights. The natural rights, the fundamental human rights that Canada has an obligation to ensure, protect and promote are all listed in set forth in the present covenant, the international covenant on civil and political rights or the international covenant on social economic and cultural rights.
17. International covenant on civil and political rights Article 2.1
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
18. Canada as a signatory to these covenants have been placed under obligation to respect and to ensure to all individuals within its territories the rights recognized in the present covenant. This is a binding legal obligation placed upon Canada. When an individual exercises their fundamental rights Canada is bound to respect and ensure these rights.
19. It mentions that the state party Canada undertakes to respect and to ensure, this is just another way of saying that Canada as a state party has promised to ensure and respect all these rights and freedoms for the individual.
20. International covenant on civil and political rights Article 2.2
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
21. In 1976 Canada became a signatory to these covenants in the covenant place an obligation upon Canada to create a new Constitution act. This new Constitution act was to bring forth, was to express was to create a mechanism to give effects to the rights that were recognized in the covenants. There were rights and freedoms that are recognized in the covenants which Canada had to bring forth through the Constitution act or other measures.
22. In 1982 Canada fulfilled his obligation to this international law by creating a new Constitution act and designating it the charter of rights and freedoms.
23. International covenant on civil and political rights Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
24. This is a very powerful statement, is teaching us a few things first and foremost it is teaching us that no one, no government agent, no executive power, no sovereign or even her Majesty herself can perform any act aimed at the rights and freedoms recognized in the covenants. They can also offer no limitations upon these rights greater than what the covenant provides. This is basically teaching us that the international covenants are the ruling force the ruling power against how states parties including Canada must create domestic law.
25. International covenant on civil and political rights Article 4
1 .In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
26. The international covenant allows for limitations to be placed upon some of these rights and freedoms that are listed in enumerated in the covenants themselves in a time of emergency. This emergency could perhaps mean war, famine or natural disasters. In a time of emergency Canada can make derogation from certain obligations.
27. However even in a time of emergency there are fundamental human rights and freedoms, natural rights that cannot be limited or abridged and Canada remains obligated to allow the individual to operate such rights.
28. The covenant states that Canada does not lose its obligation in a time of emergency concerning the following fundamental human rights and freedoms.
International covenant on civil and political rights Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
International covenant on civil and political rights Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
29. It is interesting to note that even during a time of emergency the following natural fundamental human rights and freedoms remain in operation, remain a recognized obligation upon the state party Canada. They cannot force us into recognition as a person before the law, neither can we be held in servitude to a sovereign or a political body.
30. Canada is aware of its obligation, when we look into domestic law the enactments that have been given force of law we find something designated the emergencies act. When we read and look into this act we find that these are laws that are to be in operation during the time of emergency. We find the following enumerated and listed in this emergencies act.
31. Emergencies Act Preamble WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;
AND WHEREAS the fullfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
32. Notice that the Gov. in Council during taking such temporary measures must have regard to the international covenant on civil and political rights and more particularly to those rights that are not to be limited or abridged never.
33. As a state party Canada has these obligations they must respect and ensure the rights and freedoms that were enumerated and listed in the covenants. There are certain rights and freedoms that can never be removed that can never be abridged. No one has the right to perform any act aimed at the destruction of our individual human rights and fundamental freedoms. Canada must provide a measure whether through the Constitution act or another way to guarantee and fulfill these individual fundamental human rights and freedoms.
34. This is a true and real position of Canada. This is the standing of Canada presently. We know that her Majesty is the sovereign of Canada and is the one who holds the executive authority and power of Canada. She transferred these powers to the executive government of Canada and now they remain accountable to our individual human rights and freedoms. We are acting in honor not dishonor when we seek to hold Canada accountable to their obligations that the covenants bring forth.