Firstly the devil is always in the details. We as a society are generally quite ignorant when it comes to defining differences between laws and legislation.
We are a Common Law jurisdiction. The Common Law is a law of consensus it is agreed upon. It is a law based in custom and tradition, which was applied by judges who articulated them into law. In the words of Peter Landry it is the fair haired child at societies table.
Legislation is the brutish ugly bastard child at the table. It is the embodiment of what government truly is, which is 'force'. Legislation is what causes our society to slip into 'legalism' where anyone can become a criminal. It is the forced control over behaviour, or put another way it is ad hoc social engineering. Unfortunately it is necessary in our modern world to keep things moving and in certain cases keeps fairness in society.
The law is designed to protect freedom and rights. Whereas legislation is aimed at taking away these things. The law applies to everyone including the Queen, whereas legislation does not always apply to everyone equally exemptions can be written into it. A Law cannot be repealed since it was not enacted by a parliament, legislation can.
Although both ours and England's Parliaments can limit the Law with legislation unfortunately.
Statutes and Acts of Parliament are not law. They are only given the force of law. It might be a stretch but you could say it is a polite form of mob rule, since it was enacted by our elected representatives of which a majority of them approved the Act before Parliament. Though I would not say that is true in every case. A NGO can lobby the government claiming to represent a majority of people which in reality they only represent an minority of like minded people. Squeaky wheel meet oil.
We all have rights both constitutional and Common Law. When we claim a right it also imposes a duty on us. A right cannot exist without the accompanying duty. Blackstone says that we have the right to our life and our limbs, therefore it imposes the duty of protecting them. The law allows the keeping of such tools to this end. However in Canada we are denied these tools, The firearms act says self protection is not a valid reason for owning firearms.
My goal in this is to demonstrate that there is a difference between a law and a statute. If we begin to make this fine distinction between the two perhaps we can start regaining what the law allows and begin to regain our rights and our freedoms. As we have seen with the firearms act which was supposed to stop criminals and the misuse of firearms but instead protects criminals and began turning law abiding citizens into criminals.
Friday, June 17, 2011
Wednesday, September 15, 2010
Such Hypocrisy!
You have to love the CBC and all the left lib media of Canada..They have been the House Orchestra for the liberal party of Canada for so long that they trip over themselves to look stupid.
Item- It seems one of Canada's pro firearms organizations has been conferring with SATAN. in laymen terms the NRA. About? Take a guess,,,if you guessed how to fight the gun control orgs and how to effectively lobby give yourself a cheroot..Imagine two pro firearms orgs comparing notes....Of course it has all the "we hate America " set aghast and are calling on the Ghost of Pierre T. to smite Stephan Harper...How dare they meddle in Canadian politics....
Of Course there is not mention of IANSA and the Canadian Coalition for Gun Controls long standing love affair..IANSA this org is just plain anti firearm and has been lobbying the U.N. to get everyone to sign a disarmament treaty..that is to say remove individual firearms ownership completely so that only police and military have guns...Just as an FYI they are well funded by the likes of George Soros..Another foreign National billionaire who happens to despise Capitalism, though it has been very kind to him.....but that is not his worse crime,
You see Mr Soros is/was a Jew. During WW II in order to survive he turned on his fellow Jews he turned them into the SS..worse still he feels no guilt about that...I would call him the most dangerous man on the planet..He is incredibly rich and has no conscience..
But hey instead of seeing things for what they are the lib left media will over look that. and keep howling at anyone that dare challenges their view
Item- It seems one of Canada's pro firearms organizations has been conferring with SATAN. in laymen terms the NRA. About? Take a guess,,,if you guessed how to fight the gun control orgs and how to effectively lobby give yourself a cheroot..Imagine two pro firearms orgs comparing notes....Of course it has all the "we hate America " set aghast and are calling on the Ghost of Pierre T. to smite Stephan Harper...How dare they meddle in Canadian politics....
Of Course there is not mention of IANSA and the Canadian Coalition for Gun Controls long standing love affair..IANSA this org is just plain anti firearm and has been lobbying the U.N. to get everyone to sign a disarmament treaty..that is to say remove individual firearms ownership completely so that only police and military have guns...Just as an FYI they are well funded by the likes of George Soros..Another foreign National billionaire who happens to despise Capitalism, though it has been very kind to him.....but that is not his worse crime,
You see Mr Soros is/was a Jew. During WW II in order to survive he turned on his fellow Jews he turned them into the SS..worse still he feels no guilt about that...I would call him the most dangerous man on the planet..He is incredibly rich and has no conscience..
But hey instead of seeing things for what they are the lib left media will over look that. and keep howling at anyone that dare challenges their view
Sunday, September 12, 2010
A Tale Of Two Registries
The debate rages two sides collide and a battle of words in the media. Among them we see the Canadian Association of Chiefs of Police(CAPC)we are seeing public servants stepping across a boundary that arguably they are not supposed to cross. Be that as it may it still does not change the fact that this said same organization tried to stop Canadian politicians from enacting The Canadian Charter of Rights and Freedoms citing that it would emasculate policing in Canada. Twenty eight years later they don't appear to be emasculated.
This is not the theme of this article just a little preface, to the main topic. We have two registries in Canada(there are more but for this we will stick with these two)The one registry is the Sex Offender Registry (I'll refer to it as SR for short) and the Gun Registry. One keeps track of convicted sex offenders the other keeps track of inanimate objects.
The SR is related to the gun registry simply because that is what the CAPC wanted in order to get it they had to give their approval and support to the long gun registry which when the gun registry was proposed the CAPC did not support it. As we can see the game of politics is in play the old you wash my hands I'll wash yours. So they traded their opposition to support in order to get what they really wanted, The Sex Offender Registry.
The SR was developed very inexpensively largely because the criminal records system meshed neatly with it. It did not require a ground up construction like the Gun Registry.
Now for the bones of contention, Firstly in order to be placed on the sex offender registry all you need do is commit a sex offence be convicted and a judge order you placed in the registry in the sentence he/she imposes sounds simple but plea bargains and such or a little absent mind-ism on the part of the court and no such order issued. Result no entry of a sex offender in the registry. However we must also recognize that the sex offender is given the benefit of what is called "due process of law", firearms owners were given no such benefit and never ever committed a crime guilt simply by possession.
The sex offender registry did not apply to people that were convicted before the enactment of the law indeed no. However the gun registry applies to all gun owners past and present, that is to mean not just new gun owners. I've owned firearms for 30 years and I was required to register even though I have never aimed a firearm at another living soul ever nor used them to commit a crime ever. It appears a sex offender has more rights than I.
It gets even better, a sex offender who registered is only required to update information once a year, and if they move they have to let the authorities know. If they bother to at all it is only a 6 month max. stint in the pokey if they don't. Me on the other hand have to tell the CFC in advance of a move for restricted firearms and immediately after the move for non restricted firearms. If I fail to it's 2 years in prison again with out ever committing a crime against society strictly just for a regulatory offence.
I am tired of being treated worse than people who have harmed society. Being a firearms owner has become no different than being on parole from prison, though I have not ever done anything to warrant such treatment. You might say that maybe I ought to just give up and turn in or sell my guns. I can't do that, not and live with myself. It is a right to keep arms in Canada, I am not one to give up a right on anything and I will challenge people that do try to take away a right that I hold.
I have proof beyond reasonable doubt that we in Canada have the Constitutional Right to keep arms in our defence. It wasn't easy to find but it does exist. The English Bill of Rights 1689 forms part of our Constitution there for Parliament has not have the right to legislate against it, it is ultra vires of Parliament or beyond their power, though it has not ever slowed a politician down in the past plenty of laws are enacted which are unconstitutional, it takes the Court to strike them down though.
I have also heard/read time and time again the same tripe about we register this that and the other, however no one goes to prison if they don't register this that or the other, a firearms owner will if he fails to register, this is a marked difference.
This is not the theme of this article just a little preface, to the main topic. We have two registries in Canada(there are more but for this we will stick with these two)The one registry is the Sex Offender Registry (I'll refer to it as SR for short) and the Gun Registry. One keeps track of convicted sex offenders the other keeps track of inanimate objects.
The SR is related to the gun registry simply because that is what the CAPC wanted in order to get it they had to give their approval and support to the long gun registry which when the gun registry was proposed the CAPC did not support it. As we can see the game of politics is in play the old you wash my hands I'll wash yours. So they traded their opposition to support in order to get what they really wanted, The Sex Offender Registry.
The SR was developed very inexpensively largely because the criminal records system meshed neatly with it. It did not require a ground up construction like the Gun Registry.
Now for the bones of contention, Firstly in order to be placed on the sex offender registry all you need do is commit a sex offence be convicted and a judge order you placed in the registry in the sentence he/she imposes sounds simple but plea bargains and such or a little absent mind-ism on the part of the court and no such order issued. Result no entry of a sex offender in the registry. However we must also recognize that the sex offender is given the benefit of what is called "due process of law", firearms owners were given no such benefit and never ever committed a crime guilt simply by possession.
The sex offender registry did not apply to people that were convicted before the enactment of the law indeed no. However the gun registry applies to all gun owners past and present, that is to mean not just new gun owners. I've owned firearms for 30 years and I was required to register even though I have never aimed a firearm at another living soul ever nor used them to commit a crime ever. It appears a sex offender has more rights than I.
It gets even better, a sex offender who registered is only required to update information once a year, and if they move they have to let the authorities know. If they bother to at all it is only a 6 month max. stint in the pokey if they don't. Me on the other hand have to tell the CFC in advance of a move for restricted firearms and immediately after the move for non restricted firearms. If I fail to it's 2 years in prison again with out ever committing a crime against society strictly just for a regulatory offence.
I am tired of being treated worse than people who have harmed society. Being a firearms owner has become no different than being on parole from prison, though I have not ever done anything to warrant such treatment. You might say that maybe I ought to just give up and turn in or sell my guns. I can't do that, not and live with myself. It is a right to keep arms in Canada, I am not one to give up a right on anything and I will challenge people that do try to take away a right that I hold.
I have proof beyond reasonable doubt that we in Canada have the Constitutional Right to keep arms in our defence. It wasn't easy to find but it does exist. The English Bill of Rights 1689 forms part of our Constitution there for Parliament has not have the right to legislate against it, it is ultra vires of Parliament or beyond their power, though it has not ever slowed a politician down in the past plenty of laws are enacted which are unconstitutional, it takes the Court to strike them down though.
I have also heard/read time and time again the same tripe about we register this that and the other, however no one goes to prison if they don't register this that or the other, a firearms owner will if he fails to register, this is a marked difference.
Thursday, August 12, 2010
Enough With The Rule Making Already
At long last a fellow with letters behind his name has finally come and said what myself and many like minded have been saying for some time "We don't need a rule for everything". That is to say that we don't need to pass a law every time a tragedy strikes.
"If a skeptic was to wonder why Canadian authorities seem to respond to every tragedy by proposing intrusive new rules that can have impacts far beyond the problems they purport to be addressing, Frank Furedi has the answer: Canada has a cultural "addiction to rule-making."" Joseph Brean, National Post • Saturday, Aug. 7, 2010
I have had the good fortune in my life to not have tragedies where a loved one has died as a result of it.(knock on wood) I've had a good number of close calls and have known people who have. However do we always need a law passed every time someone does?
We have fallen pray to a new brand of "legalism" I say new because the first Emperor of China had used such methods for obtaining slave labour basically by passing law after law that essentially you could not breath without breaking a law. Of course it carried dire consequences back then. Unlike today where many "rules" are just legal pick pocketing by the the authorities.
Indeed we are a rule happy society. We have somewhere in the neighbourhood of a million statutes. So in essence at some point in our daily lives we are breaking some rule or another,with little consequence since we don't have the authorities peeking in our windows and following us around..At least not yet anyway.
The single largest problem with this addiction is that it erodes personal liberty and freedom. It derogates our rights, not that our supreme court cares, they are on record saying that yes that rule does infringe your rights but it is a minor infringement. So go away and don't bother us. Nice of them to think so highly of rights and freedoms since it is their job to protect them. My opinion of that august body has fallen dramatically I now refer to them as Supreme Court Jesters.
Well since we have so many rules already could we not recycle them for other things? It would save printing costs and paper in our parliaments. What is more the pity though is these jokers in parliament like justifying their high salaries and want to show us they care beyond their fully indexed pensions. So they proposed legislation for this that and the other tragedy or crisis du jour. What is odd though is, I don't feel any safer for their efforts. In fact I feel poorer for it all because in the end I am less free.
"If a skeptic was to wonder why Canadian authorities seem to respond to every tragedy by proposing intrusive new rules that can have impacts far beyond the problems they purport to be addressing, Frank Furedi has the answer: Canada has a cultural "addiction to rule-making."" Joseph Brean, National Post • Saturday, Aug. 7, 2010
I have had the good fortune in my life to not have tragedies where a loved one has died as a result of it.(knock on wood) I've had a good number of close calls and have known people who have. However do we always need a law passed every time someone does?
We have fallen pray to a new brand of "legalism" I say new because the first Emperor of China had used such methods for obtaining slave labour basically by passing law after law that essentially you could not breath without breaking a law. Of course it carried dire consequences back then. Unlike today where many "rules" are just legal pick pocketing by the the authorities.
Indeed we are a rule happy society. We have somewhere in the neighbourhood of a million statutes. So in essence at some point in our daily lives we are breaking some rule or another,with little consequence since we don't have the authorities peeking in our windows and following us around..At least not yet anyway.
The single largest problem with this addiction is that it erodes personal liberty and freedom. It derogates our rights, not that our supreme court cares, they are on record saying that yes that rule does infringe your rights but it is a minor infringement. So go away and don't bother us. Nice of them to think so highly of rights and freedoms since it is their job to protect them. My opinion of that august body has fallen dramatically I now refer to them as Supreme Court Jesters.
Well since we have so many rules already could we not recycle them for other things? It would save printing costs and paper in our parliaments. What is more the pity though is these jokers in parliament like justifying their high salaries and want to show us they care beyond their fully indexed pensions. So they proposed legislation for this that and the other tragedy or crisis du jour. What is odd though is, I don't feel any safer for their efforts. In fact I feel poorer for it all because in the end I am less free.
Tuesday, July 20, 2010
Time To Stand And Be Counted
My fellow Ontarians. This is a plea to each and everyone of us.
It is quite apparent that over the past months that the Government of Dalton McGuinty is out of control.
It has not been since the Government of William Davis has there been such disregard for the rights and freedoms of the people of Ontario.
The Government of Ontario has ignored the needs of the people and the economic health of our Province. We were the manufacturing engine of Canada. We were one of 3 Provinces that were economically sound and did not require equalization payments from the Government of Canada.
Today we are an over taxed and over regulated. We Cannot afford to wait till November of 2011 we need to act now.
I propose that we petition the Lt. Governor of Ontario The Honourable David C. Onley, O.Ont Stating that we the people have lost confidence in the Government in Ontario to Govern responsibly and wisely. Therefore We the People Demand that He present this petition to Premiere Dalton McGuinty and advise him that a writ will be delivered to dissolve the Parliament of Ontario and call an election immediately
This is unprecedented however it is completely lawful for we in Ontario we have no Constitution to say otherwise. Whereas the the English Bill of Rights 1689 is in force in Ontario, which clearly states our right to petition the Queen.
Therefore a petition has been drafted in both PDF format. It Can be down loaded from the following links or From my Website. No Confidence In The McGuinty Government
You can make a difference and you can stop an elected tyrant. Print the Petition out go out and get 20 signatures, that's not many nor all that hard to do. Ask yourself how many times any of us has said "oh well nothing we can do about it" here is our chance.
Mr McGuinty arrogantly said " That if the people don't like what I'm doing they can tell me in the polls." I don't think he would ever think that the polls would come charging toward him.
It is quite apparent that over the past months that the Government of Dalton McGuinty is out of control.
It has not been since the Government of William Davis has there been such disregard for the rights and freedoms of the people of Ontario.
The Government of Ontario has ignored the needs of the people and the economic health of our Province. We were the manufacturing engine of Canada. We were one of 3 Provinces that were economically sound and did not require equalization payments from the Government of Canada.
Today we are an over taxed and over regulated. We Cannot afford to wait till November of 2011 we need to act now.
I propose that we petition the Lt. Governor of Ontario The Honourable David C. Onley, O.Ont Stating that we the people have lost confidence in the Government in Ontario to Govern responsibly and wisely. Therefore We the People Demand that He present this petition to Premiere Dalton McGuinty and advise him that a writ will be delivered to dissolve the Parliament of Ontario and call an election immediately
This is unprecedented however it is completely lawful for we in Ontario we have no Constitution to say otherwise. Whereas the the English Bill of Rights 1689 is in force in Ontario, which clearly states our right to petition the Queen.
Therefore a petition has been drafted in both PDF format. It Can be down loaded from the following links or From my Website. No Confidence In The McGuinty Government
You can make a difference and you can stop an elected tyrant. Print the Petition out go out and get 20 signatures, that's not many nor all that hard to do. Ask yourself how many times any of us has said "oh well nothing we can do about it" here is our chance.
Mr McGuinty arrogantly said " That if the people don't like what I'm doing they can tell me in the polls." I don't think he would ever think that the polls would come charging toward him.
Sunday, June 27, 2010
Of Lawful Protest
With the recent "riot" at the G20 conference in Toronto, and Billy Blair snivelling to another snivelling politician for greater police powers while the summit is in progress to arrest anyone who does not identify themselves to the corporate policy enforcers within 5 metres of the security zone. I feel the time is ripe to let the cat out of the bag.
I have bad news everyone, this is the system you all voted for and this is the system you all support. So stop whining.
The Toronto Star has gone on ad nauseium about Mr McGuinty granting these extra powers to the police behind closed doors but are ardent supporters of gun control. how is topic related? Simply the right to protest and the right to keep arms are both lawful and synonymous with freedom.
In my own humble opinion it is an utter waste of time protesting peacefully or otherwise. I can't think of a single thing protesting has ever accomplished. It also proves that many of these "hooligans" have far too much time on their hands and need to be engaged in something productive. While they might claim they are raising awareness of the plight of others at the hands of these organized criminals (Governments) what they are truly doing is raising the awareness of people that they are violent and unprincipled. What they are saying is "Listen to us or we will wreck the place"
At Common Law we are free to do pretty much what ever we wish to do. The LAW only comes into play when the public peace is breached, when another human being is harmed, or when their property is damaged. These are serious crimes at Common Law (which is the only true LAW) The quote unquote "protesters" have broken several of these canons of LAW in an attempt to make the police and the pooh bahs look bad. Was it worth it?
If 15 000 firearms owners marching on Parliament Hill could not get Bill C-68 repealed how would a few thousand self entitled individuals change anyones minds? The short answer is they won't. These G20 blokes are used to protests even expect them, and fringe groups pushing their agendas at public expense will not make a difference.
How do you get a Government's attention? Well easy you rescind your consent to be governed. Trust me though,that is the only easy part of it and realize that you will be literally be "jumping the ship of state". You will need to make sure there is dry land under your feet when you land. We live presently on board a ship metaphorically speaking, that is to say we live under Admiralty Law which is the law of the sea. To live under the law of the land (which is Common Law) you have to declare your intent, your understanding, and declare your claim of right. To do this you will need a notary or a solicitor swear all this out in an affidavit which will then be sent to the respective pooh bahs and if they do not respond within the allotted time then it is perfected and a default judgment must be entered into the public record. Shazzam you have just made LAW.
A handful of people doing this will not raise an eyebrow, when thousands if not millions start doing this then they will take notice and true meaningful change will begin to take place. Why? because you will have stated why you are opting out and secondly you will be able to stop paying taxes legally(but that is a complicated subject, it takes time and must be done carefully)
This is the truest form of lawful protest. however you must be prepared to go all the way. I will publish a Letter of Intent and Understanding and A Claim of Right to demonstrate what I am talking about here. Mine is seven pages long so I think it precludes it being published in full here.
What also needs to be understood that you will be waiving benefits of this Free and Democratic society. Furthermore you also need to understand that the benefits I mention are not all good benefits. Remember the speeding ticket you got? surprisingly that is considered a benefit same with the parking ticket.
I have bad news everyone, this is the system you all voted for and this is the system you all support. So stop whining.
The Toronto Star has gone on ad nauseium about Mr McGuinty granting these extra powers to the police behind closed doors but are ardent supporters of gun control. how is topic related? Simply the right to protest and the right to keep arms are both lawful and synonymous with freedom.
In my own humble opinion it is an utter waste of time protesting peacefully or otherwise. I can't think of a single thing protesting has ever accomplished. It also proves that many of these "hooligans" have far too much time on their hands and need to be engaged in something productive. While they might claim they are raising awareness of the plight of others at the hands of these organized criminals (Governments) what they are truly doing is raising the awareness of people that they are violent and unprincipled. What they are saying is "Listen to us or we will wreck the place"
At Common Law we are free to do pretty much what ever we wish to do. The LAW only comes into play when the public peace is breached, when another human being is harmed, or when their property is damaged. These are serious crimes at Common Law (which is the only true LAW) The quote unquote "protesters" have broken several of these canons of LAW in an attempt to make the police and the pooh bahs look bad. Was it worth it?
If 15 000 firearms owners marching on Parliament Hill could not get Bill C-68 repealed how would a few thousand self entitled individuals change anyones minds? The short answer is they won't. These G20 blokes are used to protests even expect them, and fringe groups pushing their agendas at public expense will not make a difference.
How do you get a Government's attention? Well easy you rescind your consent to be governed. Trust me though,that is the only easy part of it and realize that you will be literally be "jumping the ship of state". You will need to make sure there is dry land under your feet when you land. We live presently on board a ship metaphorically speaking, that is to say we live under Admiralty Law which is the law of the sea. To live under the law of the land (which is Common Law) you have to declare your intent, your understanding, and declare your claim of right. To do this you will need a notary or a solicitor swear all this out in an affidavit which will then be sent to the respective pooh bahs and if they do not respond within the allotted time then it is perfected and a default judgment must be entered into the public record. Shazzam you have just made LAW.
A handful of people doing this will not raise an eyebrow, when thousands if not millions start doing this then they will take notice and true meaningful change will begin to take place. Why? because you will have stated why you are opting out and secondly you will be able to stop paying taxes legally(but that is a complicated subject, it takes time and must be done carefully)
This is the truest form of lawful protest. however you must be prepared to go all the way. I will publish a Letter of Intent and Understanding and A Claim of Right to demonstrate what I am talking about here. Mine is seven pages long so I think it precludes it being published in full here.
What also needs to be understood that you will be waiving benefits of this Free and Democratic society. Furthermore you also need to understand that the benefits I mention are not all good benefits. Remember the speeding ticket you got? surprisingly that is considered a benefit same with the parking ticket.
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