it is sad how two people who have so much in common are only friends.
When both of them are dedicated to finding a silver lining in the misery their life brought to them as children, and rising above it all, they chose NOT to wallow in it, being caught in the attention-getting hell of hysterical suicide attempts just because one refuses to get over the childhood trauma.
Yet society is not friendly to truth tellers, and people who may mete revenge when the authorities refuse to do anything after being told of a death threat by a minor. You go to jail for using violence to exercise your right to protect yourself from harm, even if a minor.
This is a travesty of justice, and Canada is guilty of that whenever a child chooses to protect himself from an evil man with a gun and they side with evil.
This is why Canada is threatened by such men, and their ilk. For any man who abuses children and uses fear of death to control them is truly evil, and deserves anything a child who is courageous enough to do to protect his life.
Thus do I condemn the Canadian Criminal Code for excluding justice for children at risk.
Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts
20130528
20130122
Hacker Witch Hunt Violates Human Rights
With regard to the news that Dawson College expelled a student for violation of its code of conduct, I feel that businesses and government agencies in Canada need to distinguish between the different shades of hackers.
For Dawson College's actions proves that according to them, "all hackers are evil", when the truth is, blackhat hackers are evil, greyhats are neutral (neither good nor evil) and whitehats are good, and on their side.
Thus, their expulsion of Hamed al-Habaz demonstrates a rigid interpretation of their code of conduct and is one-sided since they chose not to hear him explain his side of the story.
Thus their expulsion of al-Habaz is rash and without merit.
It is obvious that someone in the computer security business had neglected to distinguish between the kinds of hackers out there for the sake of profit.
Let us hope that the owner of Skytech remains true to his word and makes good use of al-Habaz's skills.
However, I feel that both businesses and the State have been conned by certain elements in the computer security field since the current witch hunt in Massachusetts has led to suicide by two men due to Mass.State's justice department.
By being relentless in their pursuit of justice in the cases of Schwartz and James, the Massachusetts justice department is culpable in their death by suicide.
By threatening both men with needless trials that will inevitably result in hung juries, Mass.State has violated their human rights.
For not all hackers are criminals.
Student Expelled from Dawson College http://www.huffingtonpost.com/2013/01/22/hamed-al-khabaz-expelled_n_2526074.html?utm_hp_ref=college
Mass.State Drove Swartz and other hacker to suicide: http://www.dailymail.co.uk/news/article-2262831/Revealed-Aaron-Swartz-prosecutor-drove-hacker-suicide-2008-named-cyber-crime-case.html
For Dawson College's actions proves that according to them, "all hackers are evil", when the truth is, blackhat hackers are evil, greyhats are neutral (neither good nor evil) and whitehats are good, and on their side.
Thus, their expulsion of Hamed al-Habaz demonstrates a rigid interpretation of their code of conduct and is one-sided since they chose not to hear him explain his side of the story.
Thus their expulsion of al-Habaz is rash and without merit.
It is obvious that someone in the computer security business had neglected to distinguish between the kinds of hackers out there for the sake of profit.
Let us hope that the owner of Skytech remains true to his word and makes good use of al-Habaz's skills.
However, I feel that both businesses and the State have been conned by certain elements in the computer security field since the current witch hunt in Massachusetts has led to suicide by two men due to Mass.State's justice department.
By being relentless in their pursuit of justice in the cases of Schwartz and James, the Massachusetts justice department is culpable in their death by suicide.
By threatening both men with needless trials that will inevitably result in hung juries, Mass.State has violated their human rights.
For not all hackers are criminals.
Student Expelled from Dawson College http://www.huffingtonpost.com/2013/01/22/hamed-al-khabaz-expelled_n_2526074.html?utm_hp_ref=college
Mass.State Drove Swartz and other hacker to suicide: http://www.dailymail.co.uk/news/article-2262831/Revealed-Aaron-Swartz-prosecutor-drove-hacker-suicide-2008-named-cyber-crime-case.html
20121129
Attention Potential Blackmailers, Online Bullies, and Assorted Harassers
Legally, in doing any of the above (blackmail or on-line bullying and/or harassment), you are committing a hate crime, and if you get a bunch of your friends to participate, then that's criminal harassment.
As well, if what you write to me causes me distress, then that's assault. If the content of your letter or message is a death threat, then that's an indictable offense. Further more, should you follow through with a note tacked to my front door and continued until there is a physical confrontation, that too is criminal harassment.
If in the process of harassing me face to face, you then strike or push me, that's assault and battery, a misdemeanor.
Getting back to the potential blackmailers, using email to blackmail me won't work, because try as you might, you cannot block your original IP address. In addition, I will treat email using remailers which hide your IP address as spam.
You have been warned.
Oh, by the way: I am not a lazy welfare bum; I am a person with disabilities. Nor am I a sex addict; I'm a virgin (as in unmarried) who prefers masturbation.
You finding dirt on me will get responses like, "I wrote that in 1993 before I got hit on the head at work. I don't write like that anymore."
Have a nice day, my foes! >:)
20071206
A Charter of Information Rights
"...Along with citizen activism, we need legal guarantees and protections for a new set of human rights, which are essential in an IT-dominated society. Only when citizens have obtained these rights will they be able to regain control over public information resources." — D. Gutstein
The Five Information Rights
- Right to privacy
As individuals we reserve the right to privacy, to retain the right to keep private our personal information so that such rights may not be abused by the State or by corporate interests.
- Right of access to information
We reserve the right of access to information, both private (of a personal nature) and public. This being a democratic freedom, such access to public information should not be limited by protective software in such a way as to infringe on right of access to information. As for private information, this right does not include infringing on the privacy of other people but refers to the right for each individual to access his or her personal information. Furthermore, if a source of information does not specifically violate the rights of children as provided by the UN declarations, then each individual reserves the right to strike that source from the ban list, and the right to be allowed to control the editing of any such list.
- Right of access to information services and advice
We reserve the right of access to information services and advice in such a way as to not be impeded by restrictions related to business-to-end-user transactions. Private transactions between information providers and individuals should not result in any restrictions on right of access to information services and advice through filtering of information.
- Right to benefit from intellectual and artistic works
We reserve the right to benefit from intellectual and artistic works. This implies that any means of database collection services implemented by commercial interests should not restrict this right in any manner, and royalties collected by owners of such databases should be shared with original authors of intellectual and artistic works who legally own rights to those works. Furthermore an author's legal rights should always predominate over corporate legal rights. This right should void corporate copyrights over their database, and encourage negotations between authors and commercial interests for fair market value of intellectual and artistic works authored by individuals.
- Right to communicate
The right to communicate should not be infringed upon by any law, both common and criminal. This means that corporations cannot ban individuals from criticizing business practices through establishment of mailing lists and web sites used expressly for this purpose. As well, neither corporate nor public information providers may use protective software to infringe upon this right. If a source of information does not specifically violate the rights of children as provided by UN declarations, then each individual reserves the right to strike that source from the ban list, and the right to be allowed to control the editing of any such list.
---
Source: D. Gutstein, e.con: How the Internet Undermines Democracy;
Chapter 9: Reclaiming Public Information, pp. 283-290
20070322
Canadian Charter of Rights and Freedoms
Constitution Act, 1982
Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
PART I
Canadian charter of rights and freedoms
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
Fundamental freedoms 2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
Democratic Rights
Democratic rights of citizens
3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Maximum duration of legislative bodies
4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.
Continuation in special circumstances
(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.
Annual sitting of legislative bodies
5. There shall be a sitting of Parliament and of each legislature at least once every twelve months
Mobility Rights
Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights to move and gain livelihood (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province.
Limitation (3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Affirmative action programs (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
Life, liberty and security of person 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Search or seizure 8. Everyone has the right to be secure against unreasonable search or seizure.
Detention or imprisonment 9. Everyone has the right not to be arbitrarily detained or imprisoned.
Arrest or detention 10. Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefor;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Proceedings in criminal and penal matters 11. Any person charged with an offence has the right
a) to be informed without unreasonable delay of the specific offence;
b) to be tried within a reasonable time;
c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
e) not to be denied reasonable bail without just cause;
f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Treatment or punishment 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Self-crimination 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Interpreter 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
Equality before and under law and equal protection and benefit of law 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Affirmative action programs (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Official Languages of Canada
Official languages of Canada 16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
Official languages of New Brunswick (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
Advancement of status and use (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.
English and French linguistic communities in New Brunswick 16.1. (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
Role of the legislature and government of New Brunswick (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.
Proceedings of Parliament 17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.
Proceedings of New Brunswick legislature (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.
Parliamentary statutes and records 18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.
New Brunswick statutes and records (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.
Proceedings in courts established by Parliament 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.
Proceedings in New Brunswick courts (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.
Communications by public with federal institutions 20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
a) there is a significant demand for communications with and services from that office in such language; or
b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
Communications by public with New Brunswick institutions (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.
Continuation of existing constitutional provisions 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
Rights and privileges preserved 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
Minority Language Educational Rights
Language of instruction 23. (1) Citizens of Canada
a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
have the right to have their children receive primary and secondary school instruction in that language in that province.
Continuity of language instruction (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
Application where numbers warrant (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
Enforcement
Enforcement of guaranteed rights and freedoms 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Exclusion of evidence bringing administration of justice into disrepute (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
Aboriginal rights and freedoms not affected by Charter 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.
Other rights and freedoms not affected by Charter 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
Multicultural heritage 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
Rights guaranteed equally to both sexes 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
Rights respecting certain schools preserved 29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.(93)
Application to territories and territorial authorities 30. A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
Legislative powers not extended 31. Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter
Application of Charter 32. (1)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.
Exception (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
Exception where express declaration 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
Operation of exception (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
Five year limitation (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
Re-enactment (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).
Five year limitation (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
Citation
Citation 34. This Part may be cited as the Canadian Charter of Rights and Freedoms.
Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
PART I
Canadian charter of rights and freedoms
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
Fundamental freedoms 2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
Democratic Rights
Democratic rights of citizens
3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Maximum duration of legislative bodies
4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.
Continuation in special circumstances
(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.
Annual sitting of legislative bodies
5. There shall be a sitting of Parliament and of each legislature at least once every twelve months
Mobility Rights
Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights to move and gain livelihood (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province.
Limitation (3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Affirmative action programs (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
Life, liberty and security of person 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Search or seizure 8. Everyone has the right to be secure against unreasonable search or seizure.
Detention or imprisonment 9. Everyone has the right not to be arbitrarily detained or imprisoned.
Arrest or detention 10. Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefor;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Proceedings in criminal and penal matters 11. Any person charged with an offence has the right
a) to be informed without unreasonable delay of the specific offence;
b) to be tried within a reasonable time;
c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
e) not to be denied reasonable bail without just cause;
f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Treatment or punishment 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Self-crimination 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Interpreter 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
Equality before and under law and equal protection and benefit of law 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Affirmative action programs (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Official Languages of Canada
Official languages of Canada 16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
Official languages of New Brunswick (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
Advancement of status and use (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.
English and French linguistic communities in New Brunswick 16.1. (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
Role of the legislature and government of New Brunswick (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.
Proceedings of Parliament 17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.
Proceedings of New Brunswick legislature (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.
Parliamentary statutes and records 18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.
New Brunswick statutes and records (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.
Proceedings in courts established by Parliament 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.
Proceedings in New Brunswick courts (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.
Communications by public with federal institutions 20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
a) there is a significant demand for communications with and services from that office in such language; or
b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
Communications by public with New Brunswick institutions (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.
Continuation of existing constitutional provisions 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
Rights and privileges preserved 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
Minority Language Educational Rights
Language of instruction 23. (1) Citizens of Canada
a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
have the right to have their children receive primary and secondary school instruction in that language in that province.
Continuity of language instruction (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
Application where numbers warrant (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
Enforcement
Enforcement of guaranteed rights and freedoms 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Exclusion of evidence bringing administration of justice into disrepute (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
Aboriginal rights and freedoms not affected by Charter 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.
Other rights and freedoms not affected by Charter 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
Multicultural heritage 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
Rights guaranteed equally to both sexes 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
Rights respecting certain schools preserved 29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.(93)
Application to territories and territorial authorities 30. A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
Legislative powers not extended 31. Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter
Application of Charter 32. (1)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.
Exception (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
Exception where express declaration 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
Operation of exception (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
Five year limitation (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
Re-enactment (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).
Five year limitation (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
Citation
Citation 34. This Part may be cited as the Canadian Charter of Rights and Freedoms.
Universal Declararation of Human Rights
Universal Declaration of Human Rights - English (English)
Universal Declaration of Human Rights
PreambleWhereas 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,
Whereas disregard and contempt for human rights have resulted in barbarous acts hich have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want as been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest mportance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and ffective recognition and observance, both among the peoples of Member States hemselves and among the peoples of territories under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13
Everyone has the right to freedom of movement and residence within the borders of each State.
Everyone has the right to leave any country, including his own, and to return to his country.
Article 14
Everyone has the right to seek and to enjoy in other countries asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16
Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending spouses.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20
Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Article 21
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Everyone has the right to equal access to public service in his country.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29
Everyone has duties to the community in which alone the free and full development of his personality is possible.
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Originally published: March 22, 2013 1353H
Update edited as of: February 26, 2013 2044H
As of March 22, 2007, this UNHR declaration is posted here as reference only. I retain no rights for this copy of the original. All income due to monetization will be taxed through income tax, a portion of which is added to Canada's funding of its office at the UN.
© The Office of the High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
+41 22 917-9000
udhr@ohchr.org
20070316
Mental Health Consumer Rights
I am a consumer of mental health services. I have the same rights as any other consumer. That includes the right to make my own informed decisions about treatment.
Forced treatment is force, not treatment. More damage is done by forced treatment than by no treatment.
If a friend or family member has a disorder that is causing difficulty in their lives, they are aware that something is wrong. If they are using denial, it is because they are afraid, because they don't know what's wrong or they don't believe there is help. If you can find printed information and make it available to them without pushing it on them, that would be best. The least awkward method is usually the most direct: "Pam, I saw this information and it seemed to be describing you, so I'm passing it on in case you can use it. If you don't think it fits, ignore it." If you can't say that comfortably, perhaps you can find a mutual friend who can?
If their disorder is not causing a problem to them, then is there anything you really should do? If society can tolerate only a narrow set of thought and behavior, maybe society needs shaking up.
Unless a person is at risk for potential harm towards themselves or others through action, then their rights cannot be violated.
If people object to another person's opinion merely for exercise of his or her free speech, provide that he or she does not promote the use of violence against others, then the laws of society require that they do not use violence or violent language to object to his or her freedom of speech.
It is not a democracy when the majority of the people still violate the rights of a minority. This is still mob rule.
Turning in Big Brother
It is by a very rare happening that I would find myself in a place such as this. A United States government mental institution after all is not what I call a preferred place of dwelling. Yet one day, my home became disabled and so our government locked me away in a mental institution for asking the social service system for some assistance.
I witnessed some unacceptable activities while imprisoned as an innocent person. Human rights violations, abuse and neglect. I feel obligated ethically to speak out but I am as well outraged by being treated as I was. Just prior to my then previously announced KGO radio campaign I was harassed in person and was accused of the possibilities of terrorism by Fresno County government after speaking out.
I'm making a stand. I'm making a stand to empower my freedoms and to empower a united resolve for the quality of care and essential liberties of disabled Americans forced under the care of the government. I believe that what I witnessed and how I was treated by the government is not entirely uncommon. — Nathan Young
And thus begins the story of a man who was forcibly placed in a mental institution when his home became disabled.
This story will show the risk involved in having a mental disability.
I witnessed some unacceptable activities while imprisoned as an innocent person. Human rights violations, abuse and neglect. I feel obligated ethically to speak out but I am as well outraged by being treated as I was. Just prior to my then previously announced KGO radio campaign I was harassed in person and was accused of the possibilities of terrorism by Fresno County government after speaking out.
I'm making a stand. I'm making a stand to empower my freedoms and to empower a united resolve for the quality of care and essential liberties of disabled Americans forced under the care of the government. I believe that what I witnessed and how I was treated by the government is not entirely uncommon. — Nathan Young
And thus begins the story of a man who was forcibly placed in a mental institution when his home became disabled.
This story will show the risk involved in having a mental disability.
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