July 8, 2011 - Inalienable

Terms continued...
Inalienable/unalienable—terms used to describe the rights that humans have been endowed by the creator. This is best expressed in the American Declaration of Independence of 1776 where it reads:

"...all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." (emphasis mine)

As Canadians, what do we have?

One Barrister and Solicitor in an interesting article writes, "There are no inalienable rights in Canada." That may well be the opinion of the our legal system, but it's not the Law.

Some argue that the Charter of Rights and Freedoms details our rights. I'm not convinced of that. Reading section 32(1) of that Charter we find the following:

"This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province." 

This is not our Charter, as it says, it applies to them and they are declaring of how they will treat everyone, persons, every individual, any member, citizens, and anyone as per the respective sections. Don't assume all these terms refer to you—most of them don't. Research these terms.

There is another document that Canada, and Ontario has signed into agreement and it has significance as concerns our rights. That document is the United Nations' Universal Declaration of Human Rightsdeclaration. Notice from the title that is it a  and not a charter. It simply acknowledges the existence of our rights, it does not confir or grant rights as a charter would.

In the preamble of this document we read:

"Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world..."

In the preamble to the Ontario Human Rights Code we read:

"WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations..."

Canada, Ontario, and probably the other provinces, are herewith, bound to acknowledge the rights of all the members of the human family! Those rights are listed and acknowledged throughout the document. Print a copy and become familiar with it.

This term has an important meaning deserving of our attention. Here are some definitions from different sources:

INALIENABLE. Not subject to alienation; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty. Black's Law Dictionary, 2nd & 4th.

INALIENABLE. This word is applied to those things, the property of which cannot be lawfully transferred from one person to another. Public highways and rivers are of this kind; there are also many rights which are inalienable, as the rights of liberty, or of speech. Bouvier's Law Dictionary 1856.

UNALIENABLE. The state of a thing or right which cannot be sold. 2. Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are unalienable. Bouvier's Law Dictionary 1856.

inalienable, adj. Not transferable or assignable <inalienable property interests>. — Also termed unalienable. Black's Law Dictionary, 8th & 9th

This last definition given in Black's 8th & 9th gives evidence as to why those newer versions of their dictionary (actually from the 5th through the 9th) are not worth the paper they are written onnewer, in this case, is not better. In the other versions however, there is lots of really good information for investigation—highways, an inalienable right(?).

Inalienable is a legal term for not now lien-able or not now subject alienation. Unalienable is a term of law for not lien-able or not capable of being alienated. 

All the rights listed in the Universal Declaration of Human Rights are ours and cannot lawfully be taken from us with our explicit consent, following full disclosure. 

In line with these thoughts, read the article The Order of Things

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
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