Segue: Charter Challenge


I filed an originating application here in Corner Brook on the 19th to bring a conflict between the Canadian Criminal Code and the Canadian Charter of Rights and Freedoms before the Supreme Court of Newfoundland.

Respondents include the Attorney General of both Canada and Newfoundland.

The Charter Challenge is in regards to what I’m going the call the #SatanicClauses of Canada’s genocide laws. I believe these clauses, 318-3, 319-6 and 320-7, violate the rule of law by literally placing the interpretations of the Attorney General above the law in question. This creates a potential conflict of interest should the Attorney General be charged under these laws. They allow the Attorney General to play the Devil’s Advocate in regards to the interpretation and application, hence the appellation #SatanicClauses.

As the Charter is founded on the supremacy of the rule of law, that law should govern a nation, as opposed to arbitrary decisions by individual government officials, these clauses exist in direct conflict with our constituting documents.

As Section 52.1 of the Charter states that the Charter is the supreme law of Canada, any law that is inconsistent with it’s provisions, in this case the rule of law, is found to have no force or effect to the extent of the inconsistency.

To that end, striking these clauses from the Canadian Criminal Code should place the power to determine whether to prosecute the crime of genocide with the courts, restoring the rule of law in Canada.

Israel has the same sort of clause in their genocide law: http://preventgenocide.org/il/law1950.htm

The court date is January 28th, 2015 at 9:15AM the filed (but redacted) documents are available below.

http://paradigmslip.ca/Charter_Challenge_318-3_319-6_320-7.pdf

These charges cost me $86.36 to file with the court and mail out. Pretty cheap for a civil revolution.

Please feel free to plagiarize my work.


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