It has been our intention since the beginning to ensure that the government and court regard their obligation to operate based on the principles of common law.
It is not necessary to override basic human rights in order to control the spread of communicable diseases. In Canada we have always used voluntary methods and have been successful over and over again in controlling outbreaks of communicable diseases without the loss of human dignity and human rights we are experiencing now.
We also look for solutions where great harm is being done to human beings and no legal remedy is available.
First and most importantly we believe that rights are natural and God given. Government does not own our rights we do. Neither the Government nor the court has authority to give us rights or take them away.
Under common law the rights recognized in Canada include the following fundamental rights:
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
Among many other things this right includes our right to refuse any medical procedure such as masks and lockdown (lockdown is an element of quarantine making it a medial procedure)
(b) the right of the individual to equality before the law and the protection of the law;
(This right includes our right to fundamental justice represented in this fairness triangle )
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
Common law courts have power and obligation to provide significant protection of human rights.
It is our firm commitment to maintain common law in Canada by endeavouring to educate people in common law including ways and means to assert and maintain our rights peacefully and legally. Refusing to obey unlawful emergency orders is not civil disobedience. We have a right to refuse any medical procedure including masks, social distancing and lockdown which is a form of quarantine and therefore medical procedure.
If we are charged or fined under these emergency orders because we refuse to wear a mask, social distance or lockdown we recommend that people rely on the Canadian Bill of Rights that guarantee fundamental rights with no limitation section 2.
Under this the CBR legislation the government recognizes and commits to protecting these rights as stated above. You can use reference to this commitment by the government in the moment when attempts are made to violate you rights by refusing to comply and you do not have to assert these rights in court. However you can also cite the Canadian Bill of Rights in court If you receive a claim against you (ticket or charge) from the government that you were acting unlawfully if you refused to wear a mask, social distance, lockdown your business, your church or if you organize or participate in a protest or any other gathering you can negate their claim with Canadian Bill of Rights.
The CBR clearly establishes that bylaws, regulations demanding that you forfeit your rights through police or bylaws endorsement are unlawful because such action by police or bylaw violate section 1 and 2 of the CBR. Police, bylaw officers and justice of the peace are federally regulated in the criminal code of Canada and are subject to the conditions of the CBR. Therefore refusing to obey unlawful orders by police or bylaws officers is not civil disobedience.￼ And the justice of the peace cannot legally find you guilty.
We do not stand under the Charter of Rights and Freedoms because Section 1 affords the government arbitrary authority to limit our rights which is what they’re doing currently with the emergency orders. If you want to challenge the reasonableness of those limits under the Charter you have to launch a Constitutional Challenge which is very costly time, consuming and only if in terms of the potential outcome.
Charter did not supersede the Canadian Bill of Rights, refer to Section 26 of the Charter which confirms this. There are also dozens of cases after 1980 to that site the Canadian Bill of Rights and the Emergency Act 1988 commits the government to respect the rights contained in the Canadian Bill of Rights. The Canadian Bill of Rights was used after 1982 to strike down a section of the Federal Human Rights Code because it violated the right to unbiased adjudication. As well sections of the Indian Act that violated the Canadian Bill of Rights were also struck down as unlawful.