Tuesday, August 16, 2005
Media Release, For Immediate Release
Canadian Charter of Rights and Freedoms ?
CANADA’S Big Fat Lie!
Falmouth, NS couple, Connie Brauer and Vic Harris are
demanding legal and financial resources from the Canadian
government to uphold parents’ Canadian Charter of Rights and
Freedoms. We visited our Federal MP, Scott Brison, last
week and requested Canadian Charter of Rights and Freedoms
funding and legal counsel. At the meeting, 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! There are no consequences
to Canadian Charter of Rights and Freedoms violations.
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). Then
there is always the threat of costs, awarded by the judge.
This is totally unacceptable and makes any viability of a
Charter, moot. Canada pays lip service to the Canadian
Charter of Rights and Freedoms but there is no oomph! No
money, no legal counsel and no punishments for violations.
Canada is getting off Scott Free!
The Canadian governments’ have been violating parents’ and
childrens’ Canadian Charter of Rights and Freedoms for over
30 years now and there is no end in sight.
We requested an immediate short term solution. We need
immediate, financing for a class action 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 have government contracts. Nevertheless,
we want access to uphold our rights for all Canadians.
Mr. Brison knows, we have been working on this matter, 24/7
for the last 10 years as have millions of other Canadian
parents. Every single family is at risk of losing their
family and their Canadian Charter of Rights and Freedoms.
The Canadian government, systematically ignores families’
complaints.
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 immediate redress from Charter violations.
Resources to include mediation with top government
officials, 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 ( Constitution Act, 1982 & Sect. 52 of Canadian
Charter of Rights and Freedoms ) and must be upheld! That's
Canada's job!
After our meeting with Mr. Brison, we really didn't get a
commitment to actively and aggressively work towards this
goal. We requested a reply with an outline of a short term
and long term agenda to get our needs met? We want to hear
from other parents who are victims of Canadian Charter of
Rights and Freedoms violations. Call 902.798.5267 or email
us at, cbrauer@lincsat.com. Subject: Canadian Charter of
Rights and Freedoms.
Sincerely,
Connie Brauer and Vic Harris
Canadian Civil Rights Association
