February 25, 2013 - Only Applicable to Federal Laws

Only Applicable to Federal Laws

The Canadian Bill of Rights 1960, Part 1, Section 2 states very clearly what role man made law, i.e. statutes, can have in the private affairs of human-beings:

2). Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the [human] rights or freedoms herein recognized and declared…”

In R. v. Bydeley, 2010 ONCJ 740Justice of the Peace Thomas Stinson, in a judgement riddled with error and omissions, nullified these rights in this Bill when he stated:

"However, the Canadian Bill of Rights was enacted simply as a federal statute, not as a constitutional amendment to the British North America Act, 1867, (now the Constitution Act, 1867 (U.K.), 30 & 31 Vict., c. 3) and it was made applicable only to federal laws, not provincial ones.  Therefore, provincial violations of civil liberties were not covered by it."

If a mere province so easily evades a "federal law" how is it that we cannot also state that the Highway Traffic Act is only a provincial statutes and not applicable to me or you? Or, since the Highway Traffic Act, being "quasi-criminal" in nature, is covered by neither the Constitution Act nor a constitutional amendment and therefore not a part of the "supreme law" of Canada and therefore of no affect.

Why don’t we all just opt out?

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