Request for Immediate Resources to Uphold the Charter

Canadian Civil Rights Association
Connie Brauer and Vic Harris
1061 Mines Rd.
Falmouth, NS B0P 1L0
Phone 902.798.5267
cbrauer@lincsat.com



Hon. Scott Brison
Liberal Caucus
Wolfville, NS
B0N 1X0


11:40 AM 8/10/2005

Request for Immediate Resources to Uphold the Charter


Dear Mr. Brison,

Thank you for meeting with us yesterday to discuss our concerns about the lack of resources and therefore the inaccessibility of the Charter of Rights to Canadians. As we mentioned there are no resources available to victims of Charter violations. This makes the Charter inaccessible and therefore non existent.

The Canadian Charter of Rights and Freedoms is only viable if all Canadians have quick access to it and the country will uphold it. Canada does not.

We do not have an 800 number, there are no politicians who can provide access, there are no lawyers in Canada willing to prosecute Charter motions for individuals and there is absolutely no financing for legal fees. Litigation is further complicated because the Provincial and Federal Governments are both guilty of Charter violations, in the same matter. They don't even teach Charter Rights in most law schools. If they do, they do not teach the reality of inaccessibility. We do not have access to class actions in NS and some other provinces, and it would be impossible to hire a law firm anyway as they don't exist for this purpose. They only exist for corporations. There is no mandatory, pro bono, in Canada, either. Legal Aid is inaccessible and inadequate. They do not do litigation.

On the other hand, Canada spends an inordinate amount of taxpayers’ money, quashing any and all Charter motions which individuals manage to file. Victims are expected to hire a lawyer (impossible), pay for it (impossible) or muddle through litigation on their own. (impossible) This is totally unacceptable and makes any viability of a Charter, moot.

We requested an immediate short term solution. We need immediate, financing for a lawsuit to uphold our Charter rights and we need the best law firm in the country to represent us in an unbiased manner. This is also impossible because most law firms have a conflict of interest, as they do government work.
Nevertheless, we want access to uphold our rights.

As you know, we have been working on this matter, 24/7 for the last 10 years as have millions of other Canadians.
When is government going to listen?

Our long term solution request is for a national resource centre, exclusively maintained for the purpose of enabling victims, all victims, not gender biased or restricted in any way, to seek redress from Charter violations.

Resources to include mediation, extremely competent legal counsel, (not Legal Aid), financing for lawsuits, travel and accommodation to the Supreme Court of Canada in Ottawa,
prompt, access to the courts, education program in government on how to advise victims properly, more training in Law Schools and a more willing attitude of government to uphold the Charter.

The Charter belongs to Canadians, it is the ultimate law of the land (Sect. 52) and must be upheld! That's Canada's job.

After our meeting with you, we really didn't get your commitment to actively and aggressively work towards this goal. You mentioned a letter to Justice Minister, Irwin Cotler. I can already tell you what his reply will be.

Could you kindly, reply with your short term and long term agenda to get our needs met?

Sincerely,
Connie Brauer and Vic Harris