To scream or
Not to scream
In our youth
We were taught
If it works
A bit of either
My Celtic response
Is asking whether
The sanitation process
Is so far gone it
Might be neither
How is it possible
The sceptics ask
Is screaming for justice
Such a hopeless task
That we reduce ourselves
To vacant stare
While genocide thrives
Have we faith
Do politicians care
Or know which response
Will be budget friendly
In-camera not on-air
It seems to me
Mostly out of camera range
And most unaccountability
As hopelessly silently
The people might ask themselves
When are they coming for me
Copyright 2014 MSO
Canadian Bill of Rights
R.S.C. 1985, Appendix III
An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms [S.C. 1960, c.44]
The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
BILL OF RIGHTS
1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(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;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and of association; and
(f) freedom of the press.
2. Every law of Canada shall, unless it is expressly declared by an Act of 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, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of a person;
(b) impose or authorize the imposition of cruel and unusual treatment or punishment;
(c) deprive a person who has been arrested or detained
(i) of the right to be informed promptly of the reason for his arrest or detention,
(ii) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self-crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance to the principles of fundamental justice for the determination of his rights and obligations;
(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to the law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; and
(g) deprive a person of the right to the assistance to an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor General in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
(2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of this Part.
4. The provisions of this Part shall be known as the Canadian Bill of Rights.
5. (1) Nothing in Part I shall be construed as to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have exist in Canada at the commencement of this Act.
(2) The expression “law of Canada” in Part I means an Act of the Parliament of Canada enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in Canada or in any part of Canada at the commencement of this Act that that is subject to be repealed, abolished or altered by the Parliament of Canada.
(3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the Parliament of Canada.
One thought on “Scream”
What an amazing piece of work is a Bill of Rights. It is when all our politicians get together and tell the world that they of all people are to be remembered as those who gave us this Bill. In Australia we don’t have one. All our politicians , left and right, say we don’t need one. They say it is all written in the Common Law. (But they never ask, “Why did he just stop and pour out another angry whisky before he continued?”)
The answer to the question in parenthesis is because the politicians flaunt their disregard so openly. They say to refugees who come on perilous trips in small boats to seek haven in our land that they will never be allowed. They say that we are stopping you coming to save you from the chance of dying at sea in a ship wreck. They are saying that we, Australia, a land of migrants and those who have fed tyranny, no longer have room for migrants and those who flee tyranny unless they knock on the front door and follow all the protocols.
And in spite of what some people might think, I think that you , over there in Canada, are doing a better job than we are.
Sorry for the long comment but I have wanted to say that for a long time.