Quebec's Language Bill 96 is Unconstitutional and Spits in the Face of 90 percent of Canadians

Quebec's language Bill 96 is unconstitutional and the PM must evoke the disallowance power which remains part and parcel of the Consolidation of Constitution Acts, 1867 to 1982.

When if ever shall the electorate have a political party and its leaders with enough sense and fortitude to stand up for Canada and its citizens by using the disallowance power under the existing Canadian Constitution i.e. Constitution Act, 1867 – the disallowance power which remains part and parcel of the Consolidation of Constitution Acts, 1867 to 1982? It remains part of the Canadian constitution as protection for minority rights and from discriminatory laws passed by provincial governments i.e., Quebec’s Bill 96 and others.

Anyone with an ounce of common sense knows that what is written in the Constitution remains in force, NO matter if such powers written within the Constitution are often used or not. They remain part of the Constitution until the Constitution is amended by the Canadian Constitution amendment procedures and NOT by the Supreme Court of Canada.

Academics can debate until the end of Global warming about whether the powers within the Constitution remain legitimate constitutional tools if they are not used from time to time or for many years as this is simply an academic theory and NOT a law or power as written within the Constitution.

Further, as the disallowance power remains in the written text of the Constitution Act, of 1867, to be of no force, it would need to have lapsed through a convention. For a convention to arise, all parties affected must consider the convention to be binding on them.

Since no Prime Minister has declared the disallowance power to be obsolete, legally it is still a legitimate part of Canada’s Constitution and can or could and should be used to ensure that all provinces respect and adhere to the Canadian Consolidation of Constitution Acts, 1867 to 1982 in my view.

Further, some debates, mainly by academics, have taken place on whether a constitutional convention can invalidate a written law. It is legally difficult to see how a lack of exercise can or could vitiate a written and legal constitutional power. Especially, since the courts upheld the appointment of eight additional senators in 1990, although the pertinent section of the Canada Act 1867, had never been previously used and was considered, by some, to be archaic.

Background: 

1. https://lop.parl.ca/content/lop/TeachersInstitute/ConstitutionalConventions.pdf

2. https://www.constitutionalstudies.ca/ccs-term/reservation-and-disallowance/?print=print-search

3.  https://nationalpost.com/opinion/conrad-black-bill-96

4.  https://nationalpost.com/opinion/quebecs-latest-assault-on-the-english-language-must-not-stand

Callaghan J. Ontario High Court of Justice Decision in Favour of Peter Clarke 1981

 In 1981, Peter Clarke, through his lawyer, W. Ross Hitch, sued the Clarkson Co. Ltd and the government of Ontario (HER MAJESTY, and the Legislative Assembly of the Province of Ontario), for illegally enacting and passing the following legislation that “was frustrating the laws of the Dominion and the provincial Legislature has no mandate to supplement federal legislation.”

“An Act respecting Certain Potential Assets of Co-operative Health Services of Ontario”

Callaghan J. Ontario High Court of Justice Decision in Favour of Clarke

The Act in assuming to protect potential estate assets and thereby directly frustrating a compromise arrangement negotiated by the liquidator under the Winding-up Act is, in my view, legislation in relation to matters falling directly within the subject of insolvency and is, accordingly, ultra vires. The declaration sought will be granted and the question of law propounded will be answered in accordance with these reasons. [27] Application granted.

 

Source:

https://www.canlii.org/en/on/onsc/doc/1981/1981canlii1741/1981canlii1741.html

PS Conceivably, if there had been internet crowdfunding availability at the time, one could have continued a lawsuit against all members of the legislature, their respective political parties and leaders, for Breach of Trust, Deralection of Duty, and neglect of official duty for an improper and ultra vires purpose under criminal and civil laws. As citizens, we all unfortunately over the years continue to witness that our elected officials and their political party leaders and others in government seem never to be accountable for such actions! 

 

Toronto's Upcoming Election for Councillors

 

Who, other than the propagandists in the mainstream media, like yourselves in the Toronto Star etc., who constantly write telling the electorate what they want or why they need a progressive council at City Hall?

 Especially since that is what Toronto has been stuck with for far too long now!

 Progressive, in today’s Ontario and world politics, means progressivism that is considered part of the left-liberalism tradition. A political movement that identifies as progressive is "a social or political movement, through big government actions at the expense of the free-market system and individual rights and freedoms.  

 For example, A progressive candidate’s philosophy is to ask, “what am I owed, “and “what must my city or country do for me” or “what has offended me today”.

 While a true Conservative candidate on the other hand has a philosophy that asks, “what can I do for myself, my family, my community and my fellow citizens”.

 Further for your political progressives, a variety of opinions and ideas are not welcomed, unless they are totally in line with the liberal socialist leftism political philosophies of big government from cradle to grave entitlements. And when it comes to choices, well, your progressive’s they attack free speech, and they also do not want “choices” to apply to any decisions on education, health care or even how and where we live out ones’ religious faith along with what one eats or drinks for that matter.

 Progressive political candidates also stipulate that one political solution (“theirs”) fits all and Conservative candidates believe that the electorate and the citizens should have” choices” made and decided by them, not governments.

 In summary, Conservative philosophy, NOT Progressive philosophy, is what Toronto City council urgently requires so that our conservative elected representatives of the electorate believe in individual rights, NOT special rights for this group or that group at the expense of the other groups, and allowing Scarborough to be Scarborough, and North York to be North York. 

As Conservative candidates strongly believe that the electorate can vote with our feet about where one wants and what laws one wants to live under as opposed to being mandated for all by your progressive government types.  

 

Cheers, 

Peter Clarke

 

 

 

Unacknowledged War Crimes NOT Classed as or Crimes Against Humanity? Why?

What UN Resolution or World Court Approved the Confiscating (stealing) of Assets and Freezing of Bank Accounts of Citizens Because two Countries had a Conflict?

Note:  According to Chapter VII of the United Nations Charter, only the UN Security Council has a mandate by the international community to apply sanctions (Article 41) that must be complied with by all UN member states (Article 2,2).

In WW2 over 40 million civilians were killed yet no government, bureaucrats or technocrats were charged with war crimes associated with the aerial and ground bombardments of entire cities? Other than those associated with the holocaust no government leaders were charged with crimes against humanity or called criminals, madmen etc.

In the Iraqi war between 180,000 to 210,000 civilians were killed of which 5,529 civilians killed by USA forces yet to this day no government, bureaucrats or technocrats were charged with war crimes associated with the aerial and ground bombardments of entire villages, homes or cities?

In the Afghanistan war 46, 319 civilians were killed 1,620 civilians yet as of this year no government, bureaucrats or technocrats were charged with war crimes associated with the aerial and ground bombardments of entire villages, homes, or cities?

In the Syrian war 159,774 civilians were killed of which 1,271 civilians killed by USA forces yet as of this year no government, bureaucrats or technocrats were charged with war crimes associated with the aerial and ground bombardments of entire villages, homes, or cities?

In the NATO war on Libyan war at least 72 civilians were killed by NATO forces yet as of this year no government, bureaucrats or technocrats were charged with war crimes associated with the aerial and ground bombardments of entire villages, homes, or cities?

 Sanctions Fact: According to Chapter VII of the United Nations Charter, only the UN Security Council has a mandate by the international community to apply sanctions (Article 41) that must be complied with by all UN member states (Article 2,2). They serve as the international community's most powerful peaceful means to prevent threats to international peace and security or to settle them. Sanctions do not include the use of military force. However, if sanctions do not lead to the diplomatic settlement of a conflict, the use of force can be authorized by the Security Council separately under Article 42.

UN sanctions should not be confused with unilateral sanctions that are imposed by individual countries in furtherance of their strategic interests.^[5] Typically intended as strong economic coercion, measures applied under unilateral sanctions can range between coercive diplomatic efforts, economic warfare, or as preludes to war.

 Drone strikes are supposed to be precise - surgical is the word often used - to target terrorists and threats and avoid killing innocent civilians. But a deep investigation by the New York Times Magazine finds that U.S. airstrikes have killed thousands of civilians - including small children - in places that include Iraq, Syria and Afghanistan.

Investigative reporter Azmat Khan has spent the last five years reporting on U.S. military drone operations and airstrikes and civilian casualties and joins us now.

Overpopulation is the Disaster Waiting for the Planet Sooner than Climate Change

With more than ONE BILLION people on this earth going hungry every year, and the world at present is already overpopulated at close to 8 billion people, which is projected to grow to TEN BILLION people within a mere 28 years, Over Population of the Planet is the Disaster awaiting to happen far sooner than climate change.

Unfortunately, the political theories of today’s leftist liberalism and its social reformers remain living in their construed unrealistic unicorn world of the belief that with proper government and big Teck social structures, all ills of the people on the planet could be eradicated.

 However, back in the 1700 century, we all were warned about the inability of the planet to adequately feed, water, or house a world population of over say 5 BILLION people. And with over ONE MILLION people going hungry each year the theory of Malthus, is today, now more than ever, acceptable to economists and far more accurate than those of Alfred Russel Wallace and Charles Darwin, in my opinion.

 Overpopulation, NOT climate change, shall far sooner than the latter, cause a global epidemic of famine, poverty, starvation that neither government, big Teck companies or advances in science, shall overcome the scarcity of water or food supply once the planet has surpassed its capabilities thanks to the world’s overpopulation combined with societies irresponsibility’s and inability to effectively support more people because of the planet’s scarcity and incapacity of resources.

   world population counter 

https://www.worldometers.info/world-population/

Facts: Worldwide, one in three people do not have access to safe drinking water, two out of five people do not have a basic hand-washing facility with soap and water, and more than 673 million people still practise open defecation.

40 percent shortfall in freshwater resources by 2030 coupled with a rising world
population has the world careening towards a global water crisis. 

• 1 in 4 health care facilities lacks basic water services
• 3 in 10 people lack access to safely managed drinking water services and 6 in 10 people lack access to safely managed sanitation facilities.
• At least 892 million people continue to practice open defecation.
• Women and girls are responsible for water collection in 80 percent of households without access to water on-premises.
• Between 1990 and 2015, the proportion of the global population using an improved drinking water source has increased from 76 percent to 90 percent
• Water scarcity affects more than 40 percent of the global population and is projected to rise. Over 1.7 billion people are currently living in river basins where water use exceeds recharge.
• 2.4 billion people lack access to basic sanitation services, such as toilets or latrines
• More than 80 percent of wastewater resulting from human activities is discharged into rivers or sea without any pollution removal
• Each day, nearly 1,000 children die due to preventable water and sanitation-related diarrheal diseases
• Approximately 70 percent of all water abstracted from rivers, lakes and aquifers is used for irrigation
• Floods and other water-related disasters account for 70 percent of all deaths related to natural disasters
• 
  

Canada Declared Trucker Emergency

 This article was written by the By 

 of the WSJ.

The trucker's protest against vaccine mandates, vilified by Mr. Trudeau as “racist” and “violent,” has been peaceful, but not every peaceful protest is legal. Blocking roads and border crossings disrupt lives and commerce. The government’s job is to maintain public order while respecting civil liberties.

Canada has failed on both scores. For weeks authorities tried to wish away the problem. When that failed, Mr. Trudeau overreached, invoking new powers before Canadian jurisdictions had tried to enforce existing law. Ottawa police chief Peter Sloly was a progressive reformer. He criticizes the “reactive enforcement model” of policing, and when truckers took over his downtown, he failed to react. Mr. Sloly resigned Tuesday.

On Thursday Ottawa police, with provincial and federal help, finally came out in numbers, blocked highway exits, set up a perimeter and checkpoints and arrested blockade leaders. All of this could have been done under existing law. On Friday police began mopping up the protests methodically, with occasional scuffles and use of pepper spray. This too could have been done, albeit differentiating between the lawful and unlawful, and without threatening media with arrest for covering the action.

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Mr. Trudeau justifies the “public-order emergency” by inflating the protest into a terrorist plot to overthrow the government. The Canadian Civil Liberties Association disagrees and sued Thursday. It says the standards for an emergency— “threat or use of acts of serious violence against persons or property” that “seriously endangers the lives, health or safety of Canadians” beyond “the capacity or authority of a province to deal with it”—are not met.

Protests aren’t emergencies, and Western leaders had better get used to handling civil disobedience firmly without traducing civil liberties. Mr. Trudeau criminalized a protest movement, deputizing financial institutions, without due process or liability, to find and freeze personal accounts of blockaders and anyone who helps them. These extraordinary measures are a needless abuse of power.

Toronto limited the problem by closing downtown roads. Blockades at crucial border crossings were allowed to drag on and cost the North American auto industry hundreds of millions of dollars. Yet when police finally acted, border blockades dispersed peacefully, no emergency powers were needed. One ended with handshakes between police and protesters.

Weak responses to civil disobedience have hurt Canada for years. New gas pipelines are increasingly stymied by blockades, often by green or aboriginal activists. On Thursday men wielding axes attacked a pipeline drill site and its workers in British Columbia. That’s worse than anything the truckers have done.

In early 2020 Mr. Trudeau urged dialogue with pipeline blockaders. Facing Black Lives Matter protests in violation of Covid rules in June 2020, Mr. Trudeau joined in. But with the truckers, the Prime Minister refused to meet or compromise. Even as province after province ends Covid restrictions, he drags his feet.

When the Emergencies Act was first passed, critics were assured “emergency powers can only be used when the situation is so drastic that no other law of Canada can deal with the situation.” In abusing these powers for a nonemergency, Mr. Trudeau crossed a democratic line. Canadians wanted the blockades to end, but it never should have come at the expense of the rule of law.

Trudeau’s Fascist Tactics Crackdown on Democracy Protesters leads to Parliament Square Massacre of Canadian Freedoms.

 The savagery of Trudeau’s Liberal government’s attack should shock all Canadians. The NDP, Liberals’ and all others who support such fascist tactics should bow their heads in shame by these police state and totalitarian leaders sponsored legislation that has caused these events in Ottawa Canada against peaceful protests seeking an end to Covid mandates, asking to meet with and talk to the Prime Minister and other reforms by the government.

 

The early response from Trudeau and the mainstream media was to call these protesters Nazis, white supremacists, and unproven claims by the media of death threats against who knows who and of course the usual yelling of slurs against not the government rather the media for being the propaganda arm of the Minority Liberal Trudeau government being propped up the by NDP.

 

As for the PM well, he called them all kinds of names, refused to even talk with them about any issues and then went into covid hiding.  

Trudeau and Ford’s use of police troops and mounted units using horses to trample and storm through downtown Ottawa’s parliament square in the center of Ottawa, arresting thousands of pro-democracy protesters. The brutal Liberal government assault on the protesters shocked the West and like in China should immediately bring denunciations and sanctions from the United States and other so-called democracies throughout the World.

Trudeau and his liberal members of parliament propped up and supported by the NDP members of parliament and its political party, through the use of the draconian Emergency Act proceeded to make widespread arrests of protesters and their supporters and further without any court orders, froze and ceased the bank accounts of donors and protesters alike. Trudeau and the NDP with the approval of the Ontario Premier Dough Ford, strengthened the police forces and internal security forces to use against the protesters and demoted or purged officials or members of their inner circle of party members they deemed sympathetic or made donations to the protesters.

It is time for the liberal government and all members of parliament to end mandatory covid rules and regulations and immediately amend the current Emergency Act as follows:

The amendments MUST include the stipulations that unless the consent and approval by two-thirds of the provinces (seven) having at least 50% of the population of all the provinces combined agree through their elected Premiers and then approved by the provincial legislatures the Federal government or any other government CAN NOT use the Emergency Act or any such powers.

If this is not done then any PM in the future (Liberal, NDP, Green or Conservative) has the right, without, any legal trials as per our Canadian laws and apparently ignoring our current Bill of Rights and Freedoms and the Constitution itself, of any PM to use outrageous dictatorial and totalitarian non-democratic draconian powers under the Emergency Act as now written.

Further INFO https://ccla.org/wp-content/uploads/2022/02/Emergencies-Act-NOA.pdf