Saturday 28 December 2013

CANADIAN COSTITUTION ACT.(blog 21)

We all know that we as people in Canada are supposed to be protected under the CANADIAN CHARTER OF RIGHTS AND FREEDOMS. I would just like to site some of these and write a brief description of what i feel is a violation of my said rights and once again prove that when your ACCUSED of a crime, how those rights go out the door and become nothing but empty meaningless words.
                                      Guarantee Of Rights and Freedoms
Rights and freedoms in Canada
1. The CANADIAN CHARTER OF RIGHTS AND FREEDOMS guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

FUNDAMENTAL FREEDOMS
(b) freedom of thought, belief,opinion and expression, including freedom of the press and other media of communication;
Okay, so in my case when they didn't want anyone to know what was going on they just simply placed a media ban on my entire case and sealed the court room for testimony unless you were a witness, attorney, sheriff or the accused and finally unless you were there to support the accuser ,you were not allowed in if you were there to support me.

MOBILITY RIGHTS
6.(1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Okay, i was asked if i had a passport and if i did then i needed to surrender it. I was told that i was not allowed to leave house arrest period.
2(a) to move to and take up residence in any province;and
 (b) to pursue the gaining of a livelihood in any province.
okay, i understand what this says but lets see how it played out for myself. I after having received long awaited bail, (even after DNA proved the incident didn't take place) was placed on 24 hour house arrest. I was not allowed to leave my residence period, even to attend church. But i was allowed to leave to go see the bail supervisor once per week because it was too inconvenient for her to come see me. Yet i was not allowed to stop for coffee, purchase smokes or anything else. I was given a hand drawn map and told this was the direct rout of travel i was to take, too and fro as anything less was a violation of my bail conditions. And yes that included stopping to use a rest room or step inside somewhere to warm up during winter months. I was told to layer my clothing to prevent cold, walk not drive and use the bathroom before leaving locations.
In regards to pursuit of livelihood, i was not allowed to work and the brief times i was it would be quickly squashed by another trip to jail for fictitious charges and or to attend court. Even then, the jobs were less then meaningful or gainful and definitely never in reach of a statues of hiring a lawyer who would protect these rights outside of free legal aid.

LEGAL RIGHTS
7. Everyone (it says) 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.
8. Everyone (it still says) has the right to be secure against unreasonable search and seizure.
Here is where i guess I'm stupid, because i really am perplexed as to the particular wording "in the accordance of FUNDAMENTAL JUSTICE"? Am i to understand that three months after the DNA came out there should have been a different approach to myself? And am i to believe that even after that said DNA came out and i was eventually granted 5'000.00 no cash bail, released that the police who would enter"my approved living quarters" in the wee hours of the morning, harass and yell and scream at me,demand identification ,a verbal run down of the days events, phone numbers while i stood there sometimes in nothing but underwear......OH YEAH,i forgot about the presumption of innocence until proven guilty, forgot that i too am protected "against unreasonable search and seizure.huh?
DETENTION OR IMPRISONMENT
9). Everyone has the right not to be arbitrarily detained or imprisoned.
Well lets see about this one, i think i get it but you tell me. Three months into it the first round of DNA came back clearing me, still i was detained. Roughly 8 months later i was granted 5'000.00 no cash bail by a certain justice on December 21,2011. Yet did i get out? no!. i wasn't released until January 26,2012! a full 36 days after receiving no cash bail, with no holds, no warrants, no reason i shouldn't be out! There was even photos and medical attention taken and given to me but still i guess it is outlandish that i say that i was being tortured inside jail. please refer to Edmonton remand aka capital of hell.
ARREST AND DETENTION
(b) to retain and instruct counsel without delay and to be informed of that right.
Well i guess the judge set that one straight at the Voir Dire hearing held the day before trial started. Among the several breaches sited by himself, this very one was breached by several officers even as they admit that i continued to want to speak with a lawyer and the judged determined that( by the bullshit lies of four police officers) that i was left in cuffs for over an hour and a half, denied a lawyer. While i know that it was much , much longer then that. i and my back injury i had at the time remember every minute.

11. Any person charged with an offence has the right
(b) to be tried within a reasonable time.
it took me nearly 30 months to get an acquittal!, regardless of the signs to them that it didn't rain, the DNA didn't support it, she accused 11 others, her story kept changing....and she delayed trial by nearly 7 months because instead of going to court ,she went out to party!
Now that i had a smoke,calmed down shall we continue.
11 (d) TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY ACCORDING TO LAW IN A FAIR AND PUBLIC HEARING BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL;
Well we all know how that worked out for me, i needn't say more.
11(e) NOT TO BE DENIED REASONABLE BAIL WITHOUT JUST CAUSE;
Once again we know how that turned out.

TREATMENT OR PUNISHMENT
12. Everyone (it says) has the right to not be subjected to any cruel and unusual treatment or punishment.
Yeah sure bud, gotcha!

EQUALITY BEFORE THE LAW AND EQUAL PROTECTION AND BENEFIT OF LAW WITHOUT DISCRIMINATION AND.......BLAH, BLAH ,BLAH.
Like i said, allot of fancy, expensive words that don't hold meaning if accused of what i was. God help those that see Canada as a country to seek refuge anymore, God help us all.
As you can see there has been a serious violation of several of my guaranteed rights, yet there is more but i wouldn't want to exhaust you. We know there was a breach...so when do we (i and the powers that be) deal with that?
I now have the proof that my rights were violated, please view trial transcripts regarding the "vior dire"hearing and see the judges ruling. The problem hear is that i claim much more and they have yet to be in front of a judge, you see these ruling he made was just pertinent to getting the trial underway, many other issues yet left unresolved. Like i said, no money for a lawyer and cannot prove it unless someone takes it to a judge.


















TORTURED