The rights and freedoms that are in operation in Canada are flowing from the international covenants. We have seen how Canada as a state party is obligated to fulfill these individual rights and freedoms.When looking into the international Covenants we find the rights and freedoms that pertain to our interactions with the police forces here in Canada. These rights specifically control the interactions with the authority that designates itself as the police services.
International covenant on civil and political rights Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Graham Garton, The Canadian Charter of Rights Decisions Digest, Justice Canada
Read as a whole, it appears that s. 7 was intended to confer protection on a singularly human level. A plain, common sense reading of the phrase "Everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. "Everyone" then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty or security of the person, and include only human beings.
The reason that everyone in section 7 of the constitution act is recognized only as a Human being is due to the nature of the rights and freedoms being dealt with. The rights being brought forth in article 7 of the constitution act are the right to liberty and the right to the security of the person.When we come to the international covenant in article 9 we find that the nature of the rights and freedoms that are being spoken about are the same or similar to the rights mentioned in the constitution act article 7.
We find in the covenant that the subject being brought forth is an (everyone) and this everyone has the right to liberty and security of the person.
These rights and freedoms are only operable by a human being.
When you are standing under the designation of Human being and an officer is seeking to charge you under an enactment, these rights and freedoms listed here in the covenant are available for you to use.
The police officer is interfering with your liberty by forcing interaction with you, if you have not broken the common law by injuring someone or taking form someone something that is not yours then the officers interactions with you are based upon the duties and obligations coming forth from an enactment. As a human being this is arbitrary interference.
International covenant on civil and political rights Article 9
Everyone has the right to liberty
International Covenant on Civil and Political rights Article 17.1
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
Everyone has the right to the protection of the law against such interference or attacks.
If you are arrested and charged under an enactment the officer is depriving you of your liberty through this arrest. As a human being you have the right to be brought before a court to have the lawfulness of the detention dealt with and to be released if the detention is not lawful.
International covenant on civil and political rights Article 9.4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
This operation of law is only available for those who understand what is transpiring. There are presently millions of individuals in Canada that could exercise these rights but because of ignorance they have no ability or understanding how to exercise them.
Canada as a signatory to the covenants had the obligation to bring forth these rights and freedoms through domestic laws. The obligation to transfer these rights into domestic law is found in the covenant itself.
International covenant on Civil and Political rights Article 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.
When we look into the Constitution act of 1982 we find the fulfillment of Canada’s obligation to these rights and freedoms.
Constitution Act of Canada 1982
Article 10- Everyone (human being) has the right on arrest or detention
(a) to be informed promptly of the reasons therefore;
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
The responsibility is upon the shoulders of the individual to exercise the rights and freedoms that you are seeing before you. The right to have a charge deemed or judged unlawful is something only the individual can do.
Constitution Act of Canada 1982
Article 10 Everyone (human being) has the right on arrest or detention
A right never produces an obligation but presents the individual an opportunity to use the right depending on the nature of the right and the circumstance.
When an individual is being arrested they would not invoke their right to vote before the police officer. Even though the individual may indeed have a right to vote the nature of this right is incompatible with the circumstance.When you are being interfered with by the police officer this is the circumstance in which these rights and freedoms were meant to be used. They have been preserved for us to use in these very situations. Failure to exercise these rights equals to a missed opportunity.
The covenants are two folded in nature concerning the rights and freedoms they bring forth. When dealing with detention and arrest the rights and freedoms recognized for the person are not similar when compared to the rights and freedoms of a human being.
When looking into the constitution act concerning the rights that a person has we find the following
Constitution Act of Canada 1982 article 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
d- to be presumed innocent until proven guilty
e- not to be denied reasonable bail
As you can see a person has no ability to invoke the right of habeas corpus. The person in Canada is that servant of Her Majesty and owes the obligation and duty to the enactments.The right to habeas corpus operates in the individuals favor and always must be invoked by the individual. The police officers and the justice system have no obligation to inform you about your right to have the lawfulness of a charge dealt with under habeas corpus.
The right itself is preserved under the criminal code as well as the constitution act of Canada. When we look into the criminal code we find the following article of law.
Criminal Code article 794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.
If there is a provision of law that allows you to invoke habeas corpus the opposite party is not under obligation to bring this fact forward in any way. They do not have to write it in the charges that they are laying against you neither does the prosecutor have to obligation or duty to inform you that you can challenge the lawfulness of the charges.
Burden of proving exception, etc.
(2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.
The obligation of proving that a charge is unlawful is the individual’s obligation. If the individual is aware of their fundamental rights and freedoms then they have the ability to provide an exemption against the charge and this will play out through the operation of Habeas corpus. If the individual has never been exposed to their fundamental rights and freedoms then it is hopeless to expect the individual to be able to provide an exception, excuse or proviso against the charges.
Let us look at possession for an example.
The police officer is trying to charge you with possession of a controlled substance. This charge comes out of an enactment titled the Controlled drug and substance enactment. He will use the articles of law located in the enactment to say that you have broken the enactment.
Controlled drug and substance enactment “possession” means possession within the meaning of subsection 4(3) of the Criminal Code;
Under this enactment possession means what is described in the criminal code, so we must look into the criminal code
Criminal code of Canada - Possession
4.(3) For the purposes of this Act,
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
If you have a controlled substance on you, hidden at home ect and the officer finds out, the officer will seek to arrest you and will declare that you are in possession of a controlled substance according to what the enactment says.
The officer will seek to bring a charge under the enactment against you.
Concerning this particular charge an individual could invoke habeas corpus to have the charge declared unlawful against them. By doing this the individual would be exercising the rights and freedoms guaranteed by the constitution act in article 10 and further expressed in the criminal code article 794.
We know that the word person in the Controlled drug and substance enactment designates only an artificial person, that subject and servant of Her Majesty.
The police officer will have to create an information against you and declare that you have broken the enactments and therefore believes you should be charged. In the information the officer will state that he caught you with a controlled substance according to the enactment. In this information that he writes up the officer has no obligation to provide the excuse for you as to why the charges are unlawful.
The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant
It is the enactment that is the officer’s authority and the courts authority, it is up to you to show them that this authority is not applicable upon you an individual human being. The officer and the court will seek to designate and treat you as that artificial person and it is up to you to not allow this to transpire.
The courts are under obligation to recognize the rights and freedoms of a human being.
(SCC Thomson newspapers ltd. v. Canada at p. 1004 everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. "Everyone" then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty or security of the person, and include only human beings).
The enactment is not applicable against you as a Human being.
The person being spoken about under and in the enactment is strictly the artificial person officer of Canada and you have no obligation to this enactment.
3.Criminal code of Canada
Possession
Expressions taken from other Acts
Article 4.(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, the meaning assigned to them in that other Act.
You have a right as a human being to take recognition as an artificial person before the law but no obligation. When you do take recognition as this person here in Canada you have been rendered a subject and servant of Her Majesty, which again is against your fundamental rights.
You must bring to the attention of the court the following fundamental rights, the fact that you have the choice to take recognition as this artificial person which you have refused to do since the first interaction with the police officer. That by being forced to take recognition under this capacity is a destruction of your fundamental rights.
That you as a human being have the right to not be held in servitude and that the officers are trying to force you into servitude by forcing you to take recognition as an artificial entity, the officer of Canada so that you may be charged with the duties and obligations under the enactment.
International Covenant on Civil and Political Rights article 16 it states that, Everyone has the right to recognition everywhere as a person before the law.
International Covenant on Civil and Political Rights article 8.2
No one shall be held in servitude.
Constitution Act of Canada 1982 Article 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
Your liberty was removed when they forced interactions with you. Again the purpose of their interactions was to regulate you under the enactment.
You must demand that this charge, this information be determined unlawful and that you should be released immediately.
This is how the operation of habeas corpus plays out.
The basic structure to this operation of law remains the same.
The first part to being able to exercise the right of habeas corpus is created by the officer and his or her wrongful actions. The officer will always try to place a charge upon you that comes out of an enactment. This enactment is not applicable upon you and this interaction is now opening up the operation of law concerning habeas corpus
The next part to operating your right to habeas corpus is to determine what enactment the officer is using to draw the authority of his charges against you ( example Controlled drug and substance enactment, highway traffic enactment). You will be given this information from the officer.
Once you are aware of the enactment that is being used against you then you can prepare to find the exemption or lawful excuse that makes the charges unlawful against you. The majority of times you will see that to break these charges it is simply done by proving that the person in the enactment has no contrary intention and therefore the enactment cannot be applied against you as a human being.
Police are under the duty and obligation to respect our individual fundamental human rights and freedoms all police. To understand this accountability that the police officers have we look at the following preamble-
The Police services act - AND WHEREAS the importance of safeguarding the fundamental rights protected by the Canadian Charter of Rights and Freedoms and The Human Rights Code is recognized by all;
5.Interpretation Act
Preamble
The preamble of an enactment shall be read as a part of the enactment intended to assist in explaining its purport and object.
The officers have the duty to safeguard the fundamental rights and freedoms protected by the Constitution act of Canada 1982. These rights and freedoms expressed in the constitution express our internationally recognized fundamental rights and freedoms
International covenant on Civil and Political rights Article 5
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.
International covenant on Civil and Political rights Article 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.
We are seeing the obligations play out. Canada as a state party had to express the fundamental rights and freedoms that were in the covenant into domestic law through the constitution act. The constitution act now expresses our fundamental rights and freedoms. No one can perform an act aimed at the destruction of these rights. The police have been charged with the duty of protecting and safeguarding these rights and freedoms.
Only problem is this state part Canada never trained the police officers as was required by international law concerning individual human rights and freedoms.
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
Article 15- The State has the responsibility to promote and facilitate the teaching of human rights and fundamental freedoms at all levels of education and to ensure that all those responsible for training lawyers, law enforcement officers, the personnel of the armed forces and public officials include appropriate elements of human rights teaching in their training program.
It was Her Majesty’s and by default the Governor Generals responsibility to include specific training to these offices and this training was never provided. Remember we talked about how we were never taught our fundamental rights and freedoms. Well that same office that failed to teach us, was also the office responsible for creating the curriculum that a police officer would study in school. No doubt they failed in their obligation to train police officers.
The Education Administration Act article 3
Powers of the minister
The minister is responsible for
(a) establish and operate or provide for the establishment and operation of technical, vocational, agricultural, summer, residential or any other schools;
(b) approve courses of study, including correspondence and other courses;
(c) establish courses of study, including setting the amount of instruction time, and
authorize programs and instructional materials for use in public or private schools;
(d) approve text books to be used;
(g) arrange for the printing and publishing of text books and other instructional materials for use in the public schools;
The enactment created a police force and placed upon that police force the duty to safeguard our individual rights but never taught the officers what rights and freedoms these actually are.
Since these officers have not been educated concerning what these fundamental rights and freedoms are how can we expect them to be able to safeguard and protect them.Often times these officers are performing actions that are seeking to destroy our individual rights and freedoms without even being aware that this is what they are partaking in.
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
Article 10
No one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms and no one shall be subjected to punishment or adverse action of any kind for refusing to do so.
The officers are violating human rights by failing to act on our behalf to protect and safeguard the right we are seeking to exercise. Again most of the time this is done out of ignorance and not maliciousness against the individual.
The RCMP are also accountable to our individual human rights and freedoms. Under law the RCMP is considered an agent or Her Majesty and as such the officers are accountable to the fundamental rights and freedoms enumerated in the Constitution act.
Crown Liability and Proceeding Enactment
Status of Canadian Forces and R.C.M.P.
Article 36. For the purposes of determining liability in any proceedings by or against the Crown, a person who was at any time a member of the Canadian Forces or of the Royal Canadian Mounted Police shall be deemed to have been at that time a servant of the Crown
As a servant of the crown the RCMP have the obligation to safeguard our individual human rights and freedoms. If they fail to do so then they can be held accountable for their actions. It is possible to hold the RCMP accountable for violating your fundamental rights and freedoms. This is done through placing a claim in federal court under section 48 through the crown liability and proceedings enactment.
To lay a claim against the RCMP there must be a proper and justified cause. You cannot just place any type of claim against the servant of Her Majesty, the minister of the crown. The claim or charge that must be laid must show a clear violation of a fundamental right and freedom. In fact the only charge that will be acceptable against a RCMP officer is when their actions breech the rights and freedoms contained in the international covenants.
Since we have been working with possession we will use this as an example as to what the operations of law would be in order to give effect to this type of remedy (federal claim) against a violation of fundamental rights and freedoms.
What needs to be brought forward is the action that destroyed the fundamental right. In this case we have several that would have taken place in this circumstance.
The first right that was destroyed was the right to not be arbitrarily interfered with. This fundamental right and freedom is expressed in the international covenants and subsequently found expressed in the Constitution act of Canada
International covenant on civil and political rights Article 9
Everyone has the right to liberty
International Covenant on Civil and Political rights Article 17.1
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
Everyone has the right to the protection of the law against such interference or attacks.
Constitution Act of Canada 1982 Article 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
This right was destroyed when the officer approached you and was seeking to regulate you by claiming that you owed a duty to the enactment. The officer was following procedure so really he is not to blame it is the one who created the procedure (education) that is ultimately to blame.
Nevertheless the officer did interfere with you and therefore the officer removed your right to liberty by forcing interactions with him or her.
The officer was seeking to designate you a subject of Her Majesty, an officer of Canada and as such you would owe a duty to the enactment. The officer was trying to place you under the designation of artificial person. This brings us to the second and third violations against our fundamental rights and freedoms.
International Covenant on Civil and Political Rights article 8.2
No one shall be held in servitude.
International Covenant on Civil and Political Rights article 16 it states that, Everyone has the right to recognition everywhere as a person before the law.
We have the right to take recognition as an artificial person before the law but no obligation. The officer in his or her interactions with us is trying to force us to exercise this right. The officer is automatically claiming that a duty is owed to the enactment thereby automatically rendering the individual an artificial person under law. How come the officers never seek to force the citizen to use the right to vote come voting time, this they do not do but when they are upon the street their actions destroy our individual fundamental rights and freedoms by trying to force us to use this right to recognition as a person.
These three actions whether done on purpose or not are actions aimed at the destruction of our rights.
It is these violations that allow you to place a claim before the federal court against the minister of the crown. The obligations to protect, safeguard and ensure our rights were not preformed and that produces a right to remedy if we use it.
Crown Liability and Proceedings enactment
Article 28. (1) In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown.
Payment of judgment
Article 30. (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.
When a case is won in federal court against the crown it is the Minister of Finance (another Minister of the crown) who will issue the payment off the consolidated revenue fund.
International covenant on civil and political rights Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Graham Garton, The Canadian Charter of Rights Decisions Digest, Justice Canada
Read as a whole, it appears that s. 7 was intended to confer protection on a singularly human level. A plain, common sense reading of the phrase "Everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. "Everyone" then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty or security of the person, and include only human beings.
The reason that everyone in section 7 of the constitution act is recognized only as a Human being is due to the nature of the rights and freedoms being dealt with. The rights being brought forth in article 7 of the constitution act are the right to liberty and the right to the security of the person.When we come to the international covenant in article 9 we find that the nature of the rights and freedoms that are being spoken about are the same or similar to the rights mentioned in the constitution act article 7.
We find in the covenant that the subject being brought forth is an (everyone) and this everyone has the right to liberty and security of the person.
These rights and freedoms are only operable by a human being.
When you are standing under the designation of Human being and an officer is seeking to charge you under an enactment, these rights and freedoms listed here in the covenant are available for you to use.
The police officer is interfering with your liberty by forcing interaction with you, if you have not broken the common law by injuring someone or taking form someone something that is not yours then the officers interactions with you are based upon the duties and obligations coming forth from an enactment. As a human being this is arbitrary interference.
International covenant on civil and political rights Article 9
Everyone has the right to liberty
International Covenant on Civil and Political rights Article 17.1
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
Everyone has the right to the protection of the law against such interference or attacks.
If you are arrested and charged under an enactment the officer is depriving you of your liberty through this arrest. As a human being you have the right to be brought before a court to have the lawfulness of the detention dealt with and to be released if the detention is not lawful.
International covenant on civil and political rights Article 9.4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
This operation of law is only available for those who understand what is transpiring. There are presently millions of individuals in Canada that could exercise these rights but because of ignorance they have no ability or understanding how to exercise them.
Canada as a signatory to the covenants had the obligation to bring forth these rights and freedoms through domestic laws. The obligation to transfer these rights into domestic law is found in the covenant itself.
International covenant on Civil and Political rights Article 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.
When we look into the Constitution act of 1982 we find the fulfillment of Canada’s obligation to these rights and freedoms.
Constitution Act of Canada 1982
Article 10- Everyone (human being) has the right on arrest or detention
(a) to be informed promptly of the reasons therefore;
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
The responsibility is upon the shoulders of the individual to exercise the rights and freedoms that you are seeing before you. The right to have a charge deemed or judged unlawful is something only the individual can do.
Constitution Act of Canada 1982
Article 10 Everyone (human being) has the right on arrest or detention
A right never produces an obligation but presents the individual an opportunity to use the right depending on the nature of the right and the circumstance.
When an individual is being arrested they would not invoke their right to vote before the police officer. Even though the individual may indeed have a right to vote the nature of this right is incompatible with the circumstance.When you are being interfered with by the police officer this is the circumstance in which these rights and freedoms were meant to be used. They have been preserved for us to use in these very situations. Failure to exercise these rights equals to a missed opportunity.
The covenants are two folded in nature concerning the rights and freedoms they bring forth. When dealing with detention and arrest the rights and freedoms recognized for the person are not similar when compared to the rights and freedoms of a human being.
When looking into the constitution act concerning the rights that a person has we find the following
Constitution Act of Canada 1982 article 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
d- to be presumed innocent until proven guilty
e- not to be denied reasonable bail
As you can see a person has no ability to invoke the right of habeas corpus. The person in Canada is that servant of Her Majesty and owes the obligation and duty to the enactments.The right to habeas corpus operates in the individuals favor and always must be invoked by the individual. The police officers and the justice system have no obligation to inform you about your right to have the lawfulness of a charge dealt with under habeas corpus.
The right itself is preserved under the criminal code as well as the constitution act of Canada. When we look into the criminal code we find the following article of law.
Criminal Code article 794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.
If there is a provision of law that allows you to invoke habeas corpus the opposite party is not under obligation to bring this fact forward in any way. They do not have to write it in the charges that they are laying against you neither does the prosecutor have to obligation or duty to inform you that you can challenge the lawfulness of the charges.
Burden of proving exception, etc.
(2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.
The obligation of proving that a charge is unlawful is the individual’s obligation. If the individual is aware of their fundamental rights and freedoms then they have the ability to provide an exemption against the charge and this will play out through the operation of Habeas corpus. If the individual has never been exposed to their fundamental rights and freedoms then it is hopeless to expect the individual to be able to provide an exception, excuse or proviso against the charges.
Let us look at possession for an example.
The police officer is trying to charge you with possession of a controlled substance. This charge comes out of an enactment titled the Controlled drug and substance enactment. He will use the articles of law located in the enactment to say that you have broken the enactment.
Controlled drug and substance enactment “possession” means possession within the meaning of subsection 4(3) of the Criminal Code;
Under this enactment possession means what is described in the criminal code, so we must look into the criminal code
Criminal code of Canada - Possession
4.(3) For the purposes of this Act,
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
If you have a controlled substance on you, hidden at home ect and the officer finds out, the officer will seek to arrest you and will declare that you are in possession of a controlled substance according to what the enactment says.
The officer will seek to bring a charge under the enactment against you.
Concerning this particular charge an individual could invoke habeas corpus to have the charge declared unlawful against them. By doing this the individual would be exercising the rights and freedoms guaranteed by the constitution act in article 10 and further expressed in the criminal code article 794.
We know that the word person in the Controlled drug and substance enactment designates only an artificial person, that subject and servant of Her Majesty.
The police officer will have to create an information against you and declare that you have broken the enactments and therefore believes you should be charged. In the information the officer will state that he caught you with a controlled substance according to the enactment. In this information that he writes up the officer has no obligation to provide the excuse for you as to why the charges are unlawful.
The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant
It is the enactment that is the officer’s authority and the courts authority, it is up to you to show them that this authority is not applicable upon you an individual human being. The officer and the court will seek to designate and treat you as that artificial person and it is up to you to not allow this to transpire.
The courts are under obligation to recognize the rights and freedoms of a human being.
(SCC Thomson newspapers ltd. v. Canada at p. 1004 everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. "Everyone" then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty or security of the person, and include only human beings).
The enactment is not applicable against you as a Human being.
The person being spoken about under and in the enactment is strictly the artificial person officer of Canada and you have no obligation to this enactment.
3.Criminal code of Canada
Possession
Expressions taken from other Acts
Article 4.(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, the meaning assigned to them in that other Act.
You have a right as a human being to take recognition as an artificial person before the law but no obligation. When you do take recognition as this person here in Canada you have been rendered a subject and servant of Her Majesty, which again is against your fundamental rights.
You must bring to the attention of the court the following fundamental rights, the fact that you have the choice to take recognition as this artificial person which you have refused to do since the first interaction with the police officer. That by being forced to take recognition under this capacity is a destruction of your fundamental rights.
That you as a human being have the right to not be held in servitude and that the officers are trying to force you into servitude by forcing you to take recognition as an artificial entity, the officer of Canada so that you may be charged with the duties and obligations under the enactment.
International Covenant on Civil and Political Rights article 16 it states that, Everyone has the right to recognition everywhere as a person before the law.
International Covenant on Civil and Political Rights article 8.2
No one shall be held in servitude.
Constitution Act of Canada 1982 Article 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
Your liberty was removed when they forced interactions with you. Again the purpose of their interactions was to regulate you under the enactment.
You must demand that this charge, this information be determined unlawful and that you should be released immediately.
This is how the operation of habeas corpus plays out.
The basic structure to this operation of law remains the same.
The first part to being able to exercise the right of habeas corpus is created by the officer and his or her wrongful actions. The officer will always try to place a charge upon you that comes out of an enactment. This enactment is not applicable upon you and this interaction is now opening up the operation of law concerning habeas corpus
The next part to operating your right to habeas corpus is to determine what enactment the officer is using to draw the authority of his charges against you ( example Controlled drug and substance enactment, highway traffic enactment). You will be given this information from the officer.
Once you are aware of the enactment that is being used against you then you can prepare to find the exemption or lawful excuse that makes the charges unlawful against you. The majority of times you will see that to break these charges it is simply done by proving that the person in the enactment has no contrary intention and therefore the enactment cannot be applied against you as a human being.
Police are under the duty and obligation to respect our individual fundamental human rights and freedoms all police. To understand this accountability that the police officers have we look at the following preamble-
The Police services act - AND WHEREAS the importance of safeguarding the fundamental rights protected by the Canadian Charter of Rights and Freedoms and The Human Rights Code is recognized by all;
5.Interpretation Act
Preamble
The preamble of an enactment shall be read as a part of the enactment intended to assist in explaining its purport and object.
The officers have the duty to safeguard the fundamental rights and freedoms protected by the Constitution act of Canada 1982. These rights and freedoms expressed in the constitution express our internationally recognized fundamental rights and freedoms
International covenant on Civil and Political rights Article 5
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.
International covenant on Civil and Political rights Article 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.
We are seeing the obligations play out. Canada as a state party had to express the fundamental rights and freedoms that were in the covenant into domestic law through the constitution act. The constitution act now expresses our fundamental rights and freedoms. No one can perform an act aimed at the destruction of these rights. The police have been charged with the duty of protecting and safeguarding these rights and freedoms.
Only problem is this state part Canada never trained the police officers as was required by international law concerning individual human rights and freedoms.
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
Article 15- The State has the responsibility to promote and facilitate the teaching of human rights and fundamental freedoms at all levels of education and to ensure that all those responsible for training lawyers, law enforcement officers, the personnel of the armed forces and public officials include appropriate elements of human rights teaching in their training program.
It was Her Majesty’s and by default the Governor Generals responsibility to include specific training to these offices and this training was never provided. Remember we talked about how we were never taught our fundamental rights and freedoms. Well that same office that failed to teach us, was also the office responsible for creating the curriculum that a police officer would study in school. No doubt they failed in their obligation to train police officers.
The Education Administration Act article 3
Powers of the minister
The minister is responsible for
(a) establish and operate or provide for the establishment and operation of technical, vocational, agricultural, summer, residential or any other schools;
(b) approve courses of study, including correspondence and other courses;
(c) establish courses of study, including setting the amount of instruction time, and
authorize programs and instructional materials for use in public or private schools;
(d) approve text books to be used;
(g) arrange for the printing and publishing of text books and other instructional materials for use in the public schools;
The enactment created a police force and placed upon that police force the duty to safeguard our individual rights but never taught the officers what rights and freedoms these actually are.
Since these officers have not been educated concerning what these fundamental rights and freedoms are how can we expect them to be able to safeguard and protect them.Often times these officers are performing actions that are seeking to destroy our individual rights and freedoms without even being aware that this is what they are partaking in.
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
Article 10
No one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms and no one shall be subjected to punishment or adverse action of any kind for refusing to do so.
The officers are violating human rights by failing to act on our behalf to protect and safeguard the right we are seeking to exercise. Again most of the time this is done out of ignorance and not maliciousness against the individual.
The RCMP are also accountable to our individual human rights and freedoms. Under law the RCMP is considered an agent or Her Majesty and as such the officers are accountable to the fundamental rights and freedoms enumerated in the Constitution act.
Crown Liability and Proceeding Enactment
Status of Canadian Forces and R.C.M.P.
Article 36. For the purposes of determining liability in any proceedings by or against the Crown, a person who was at any time a member of the Canadian Forces or of the Royal Canadian Mounted Police shall be deemed to have been at that time a servant of the Crown
As a servant of the crown the RCMP have the obligation to safeguard our individual human rights and freedoms. If they fail to do so then they can be held accountable for their actions. It is possible to hold the RCMP accountable for violating your fundamental rights and freedoms. This is done through placing a claim in federal court under section 48 through the crown liability and proceedings enactment.
To lay a claim against the RCMP there must be a proper and justified cause. You cannot just place any type of claim against the servant of Her Majesty, the minister of the crown. The claim or charge that must be laid must show a clear violation of a fundamental right and freedom. In fact the only charge that will be acceptable against a RCMP officer is when their actions breech the rights and freedoms contained in the international covenants.
Since we have been working with possession we will use this as an example as to what the operations of law would be in order to give effect to this type of remedy (federal claim) against a violation of fundamental rights and freedoms.
What needs to be brought forward is the action that destroyed the fundamental right. In this case we have several that would have taken place in this circumstance.
The first right that was destroyed was the right to not be arbitrarily interfered with. This fundamental right and freedom is expressed in the international covenants and subsequently found expressed in the Constitution act of Canada
International covenant on civil and political rights Article 9
Everyone has the right to liberty
International Covenant on Civil and Political rights Article 17.1
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
Everyone has the right to the protection of the law against such interference or attacks.
Constitution Act of Canada 1982 Article 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
This right was destroyed when the officer approached you and was seeking to regulate you by claiming that you owed a duty to the enactment. The officer was following procedure so really he is not to blame it is the one who created the procedure (education) that is ultimately to blame.
Nevertheless the officer did interfere with you and therefore the officer removed your right to liberty by forcing interactions with him or her.
The officer was seeking to designate you a subject of Her Majesty, an officer of Canada and as such you would owe a duty to the enactment. The officer was trying to place you under the designation of artificial person. This brings us to the second and third violations against our fundamental rights and freedoms.
International Covenant on Civil and Political Rights article 8.2
No one shall be held in servitude.
International Covenant on Civil and Political Rights article 16 it states that, Everyone has the right to recognition everywhere as a person before the law.
We have the right to take recognition as an artificial person before the law but no obligation. The officer in his or her interactions with us is trying to force us to exercise this right. The officer is automatically claiming that a duty is owed to the enactment thereby automatically rendering the individual an artificial person under law. How come the officers never seek to force the citizen to use the right to vote come voting time, this they do not do but when they are upon the street their actions destroy our individual fundamental rights and freedoms by trying to force us to use this right to recognition as a person.
These three actions whether done on purpose or not are actions aimed at the destruction of our rights.
It is these violations that allow you to place a claim before the federal court against the minister of the crown. The obligations to protect, safeguard and ensure our rights were not preformed and that produces a right to remedy if we use it.
Crown Liability and Proceedings enactment
Article 28. (1) In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown.
Payment of judgment
Article 30. (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.
When a case is won in federal court against the crown it is the Minister of Finance (another Minister of the crown) who will issue the payment off the consolidated revenue fund.