Larry Finck denied parole for second time in '06.

Finck denied parole for second time in ’06

By PATRICIA BROOKS ARENBURG Staff Reporter
http://herald.ca/Search/546650.html

Larry Finck has been denied parole again.

The National Parole Board held a hearing Monday at Atlantic Institution in Renous, N.B., for Mr. Finck, the father at the centre of a 2004 police standoff in Halifax over his infant daughter.

The parole board found Mr. Finck unfit to release on either day or full parole, but the reasons for the decision weren’t available Monday. A written report is expected to be released today.

Monday’s hearing was scheduled after Nova Scotia Supreme Court Justice Charles Haliburton ordered that it be held in response to a court application by Mr. Finck.

The National Parole Board and Correctional Service Canada applied on Dec. 5 for a stay of proceedings to postpone the judge-ordered parole hearing until their appeal could be heard.

Justice Thomas Cromwell of the Nova Scotia Court of Appeal dismissed the application at a Dec. 7 hearing at the Halifax Law Courts. He said the applicants didn’t file notice in time and arrangements weren’t made to bring Mr. Finck from northern New Brunswick for the hearing. Also, Justice Cromwell wrote, even if "the judge may have erred in making the order he did," the applicants would suffer no irreparable harm if the hearing went ahead as scheduled.

This is the second time this year that Mr. Finck, serving a 4½-year sentence for his role in a 67-hour standoff and another four months for assaulting a fellow patient at a Dartmouth hospital, was denied parole.

In March, The Chronicle Herald reported that he was refused because he didn’t "acknowledge his crimes, did not have an acceptable release plan, did not take psychiatric counselling and refused to take courses that would improve his conflict resolution skills."

The May 2004 standoff began when police came to his mother’s Shirley Street house with a court order to remove his baby daughter from the house. The longest standoff in Halifax history ended when Mr. Finck and his wife, Carline VandenElsen, with their daughter strapped to her chest, walked out of the house carrying his dead mother on a stretcher. Mona Finck had died of natural causes. The baby was immediately seized by authorities.

Ms. VandenElsen, who is serving a 3½-year sentence at the Nova Institution for Women in Truro, was also denied parole earlier this year.

( pbrooks@herald.ca)

NO JUSTICE- NO VOTES!

MEDIA RELEASE, FOR IMMEDIATE RELEASE
NO JUSTICE=NO VOTES!
World Ambassadors for Parents’ Civil Rights
Canadian Civil Rights Association
1061 Mines Rd. Falmouth, NS B0P 1L0 Canada
http://www.stopthetorture.info
Call Now. 902.798.5267
or email us at cbrauer@lincsat.com










Mona-Clare Finck/VandenElsen, 5 mo old, breast feeding
infant seized by armed force from her anguished parents.

Campaign For Justice!

Falmouth, NS. May 25, 2006. Husband and wife team, Connie Brauer and Vic Harris, civil rights activists for justice for families, are launching a campaign for justice just in time for the NS Election candidates. Will they stand up for truth and justice or won’t they? Are there any honest people left in Canada? No Justice = No Votes, has launched today.

May 21, 2006 was the two year anniversary of the worst case of Charter violations and persecution in NS history, for a Nova Scotia family, by the Nova Scotia Government.

2 years ago, The Halifax Children’s Aid, with the assistance of the riot gear, machine gun toting police, abducted a nursing infant baby girl from her parents, at gun point, in what was known as the Halifax Standoff. The approval for this monstrous act of inhumanity came from the Supreme Court of NS. No proof of criminal negligence was ever presented to the judge, Debra Smith. She approved the apprehension application, anyway. Why? How is it possible that the very court that is mandated to uphold The Canadian Charter of Rights and Freedoms, as the ultimate law of the land, can steadfastly violate those very Charter Rights and issue an apprehension order, without any criminal evidence or charges of any kind? How can this happen?

To date, no one has been arrested for this criminal atrocity, except the parents who did everything they could to protect their baby from abduction. This family did what any normal family would do under the circumstances. They refused to give up their baby! They defended themselves. What happened to the right to defend your family in clear and present danger? Someone fired a warning shot into the air. For that the parents were arrested and incarcerated for 4 years.. The Gestapo stole Carline VandenElsen and Larry Finck’s baby and they get arrested! How is that possible? The government of NS took their child, their home, lost their grandmother to an early death during the standoff, incarcerated them, refused bail, refused parole, denied their appeal to get their baby back and still claims unaccountability! What Charter Rights?

No public inquiry, no police inquiry and no Halifax Children’s Aid investigation has been done. The CAS have unlimited and unreasonable powers to invade a private home and seize children. No evidence required. CAS is a registered CHARITY and government AGENCY. How can a charity and a government funded agency have so much power? No birth certificate was ever prepared by the IWK. Why? Folks, these people are funded by our tax dollars! Are we going to allow this? We demand full disclosure now! We want justice!

Brauer and Harris have created a list of 100 reasons for a public inquiry. The politicians are covering this up. Paid by our tax dollars. Why? The Charter violations are too numerous to ignore. How? No Charter Rights here! The arrogance and indifference of the past and present government officials is astounding! The ex NS Premier, John Hamm and the new Premier, Rodney MacDonald have refused to investigate. Why? People need to die in NS. before a public inquiry is called. Where is the new Justice Minister, Murray Scott? Continuing the cover up, that’s where. Why? We asked them. No positive response. No public inquiry. Why? 52 NS MLA’s who are now seeking your votes, people, have not demanded a public inquiry. Why? No one has resigned. Why? Not one person has been charged for the forceful abduction and horrendous child abuse of this innocent little baby. Why? What hell is she living through now? Where is she? Where? The Halifax CAS has completely destroyed this family and this baby girl. She will never know her parents, her grandmother, her siblings and other relatives. She is traumatized for life. She is facing endless years of therapy. How can we keep such an agency open? Why isn’t this agency shut down?

We demand a full public inquiry into not only this government child abduction and the court process which allowed this to happen, but all the children who were abducted from their parents in NS. Every last one of them and there are many.

The Minister of Community Services, David Morse hasn’t resigned or been fired. Why? Why isn’t he in jail? It’s his Dept. that allowed this to happen. Why are tax payer’s paying for child abductions? Since when is government endorsed child abduction acceptable in court? This political cover up isn’t going away. It stank two years ago and it still stinks today and will continue to stink until we get answers and justice!

Why haven’t there been any arrests? Why aren’t Larry Finck and Carline VandenElsen free? Why was Carline VandenElsen denied parole on May 24,06 two years after her child was abducted? What do they expect from this mother? What more can she give up? What more can they take from her? Real criminals serve less time in prison. Carline VandenElsen and Larry Finck are victims of a huge political coverup. They have lost everything! They have absolutely nothing left. Where is the baby? How many other children have been abducted from their families by Children’s Aid? We need answers! We need a free (no fee) and accessible Freedom of Information and Protection of Privacy Act. We have the right to know. No more cover ups! We demand justice! Join us! Now! Your child could be next! Then what would you do? Who you gonna call? Where are you pretty baby? We want you home. Now! We want Larry and Carline home, now. Reunited with their baby!
What are you doing about this, Mr. and Ms. Candidate? Don’t just blather during an election, Stand up for justice, like a real man or woman. What are you doing about this, Mr. Prime Minister? You are responsible too.

Pay attention. We the people, will no longer vote in any election where Justice and Charter Rights are not the #1 Priority. If NS and Canada is to be safe, then they must stand up for Justice and the Charter Rights that all people in Canada are supposed to have under The Canadian Charter of Rights and Freedoms. Show me!

Connie Brauer and Vic Harris




NO JUSTICE=NO VOTES!
World Ambassadors for Parents’ Civil Rights
Canadian Civil Rights Association
1061 Mines Rd. Falmouth, NS B0P 1L0 Canada
http://www.stopthetorture.info
Call Now. 902.798.5267 (9-8 AST)
or email us at cbrauer@lincsat.com
Donations for Justice accepted.



Carline VandenElsen, Larry Finck, siege, children's aid, Halifax,NS, Halifax standoff, human rights, constitutional rights, charter rights, police force, excessive police force, ns government, parents, child abduction, children and babies, civil rights violations,
CAS, Dept of Community Services, David Morse, John Hamm, Rodney MacDonald, Murray Scott, Attorney General of NS, Elizabeth Whelton, Barbara McPherson, Canadian Civil Rights Association, The Canadian Charter of Rights and Freedoms, Connie Brauer and Vic Harris, criminals, crimes against humanity, no justice, No votes

Siege of Shirley Street: two years later, still no answers

seige, children's aid, halifax, standoff, human rights, constitutional rights, charter rights,
police force, excessive force, ns government, parents, child abduction, children and babies,

Siege of Shirley Street: two years later, still no answers By HEATHER LASKEY- Chronicle Herald, May 5/06 Two years have passed since Halifax’s "siege of Shirley Street." Two years this month since the police seizure of a five-month-old infant, the death of her grandmother, and the arrest of her parents. Since that time, there has been a plethora of court proceedings – criminal trials, family court hearings, decisions and appeals. The parents are in prison and the toddler – as far as we know – is still in the custody of the Children’s Aid Society. It was the parents’ refusal to relinquish her to the CAS shortly after her birth which had led to the police action. There is still unease among many people in this area about the use of a militarized police/SWAT team during the May 2004 events in what appeared to be a convenient opportunity to rehearse for a possible terrorist strike on the city. Many of us are also uneasy about the opaque powers of the CAS. The CAS is a quasi-private, government-funded, not-for-profit organization which, though well-intentioned, is in effect answerable only to its board. This absence of public accountability is a comment you will hear even from other social workers. No formal explanation has been given to the public for why the CAS wanted the baby removed from her parents: "Client confidentiality" is the mantra used to hide behind this wall of silence. As far as can be established, the apparent reason the newborn baby came to CAS attention was that her parents, Carline Vanden Elsen and Larry Finck, had previously run afoul of the legal system in Ontario by abducting children of their previous relationships. Neither had been accused of neglecting or abusing these children, and there was no suggestion before or after she was seized that the five-month-old nursing infant had been neglected or abused. But it was clear that her parents had antagonized authorities by dissing the legal system and the CAS in Ontario, as they were to do here in Nova Scotia. Their behaviour may have been intensely annoying, block-headed and eccentric. It was, however, no justification for the state to condemn their baby to the damaging uncertainties of a childhood in the foster-care system. (One year ago, at the age of 17 months, she was already in her second placement, and it was officially recorded that she had been upset by her move, at the age of 12 months, from her first placement. We do not know what her present situation is). As for the siege itself – the violent means employed to seize the baby were profoundly inappropriate. They could easily have resulted in her being injured or killed. They did lead to the death from heart failure of her grandmother, Mona Finck. The weaponry with which the Halifax police and the RCMP (according to their own testimony) were armed included semi-automatic sub-machine guns, and Taser guns. There was also the battering ram used in the middle of the night in a residential street against the home containing the five-month-old baby, her parents and frail grandmother. When the couple emerged after nearly three days with the body of Mrs. Finck on a stretcher, there was a melee in which a knife was used to cut a Snugli – with the infant in it! – from off the mother. Then a Taser gun was used to force her to remove her arms from under her body when she was lying on the sidewalk. It would have seemed reasonable if the people responsible for ordering the attack had been charged with endangering life, but even calls for a public inquiry were ignored by the minister of justice. The Halifax police promised that there would be a formal review of the events. Two years on, and despite questions from Mayor Peter Kelly, there is still silence. There is a similar silence from the Mounties. These are not healthy signs in a democracy. Last summer, a group of people, who wanted the whole business exposed to the air, got together to push for the inquiry. We wanted the public to be told what evidence of actual or potential harm had been presented to the Family Court to justify ordering the baby be taken from her parents, and why massive force had been used. The informal group included five independent and experienced journalists (Stephen Kimber, Kim Kierans, Ian Porter, Dulcie Conrad and myself) as well as Ray Kuszelewski, who had been Larry Finck’s Legal Aid lawyer; Joyce Dempsey, a neighbour of the Fincks; and Susan Stuttard, a retired professional. We have been supported in our demands by a wider group of citizens, from engineers, nurses and lawyers to professors and social workers, all of them equally disturbed by the behaviour of police and government-associated agencies in these events. To quote a letter to this newspaper from Winifred Milne, the retired director of social services for the Nova Scotia Hospital, "a climate has been created which may put subsequent vulnerable children and families at further risk." None of us should forget a lesson of both Mount Cashell and the Indian residential schools: You cannot always trust the state to protect children; sometimes it can be the instrument of their destruction. It’s time we had a careful look at how we are dealing with our children deemed in need of state protection, and ask how we could do it better. One major step forward would be the creation of the post of an independent children’s advocate, a suggestion made to government by a group including Mrs. Milne – in the early 1960s! It’s not too late to call or write to MLAs or to the minister of justice, requesting that a public inquiry be set up into the events around that baby’s seizure in May 2004 by the RCMP and Halifax police. And residents of HRM could write to or call their councillors, requesting that they push for the release of the police report. It’s the very least that is owed to the late Mona Finck, to her little granddaughter, and to all the children who may be taken into care. Heather Laskey’s book The Children of the Poor Clares: The Story of an Irish Orphanage, published in Ireland in 1985, was the first to expose the abuse of children in church-run institutions. She also wrote and broadcast about the child immigration movement from Britain to Canada.

seige, children's aid, halifax, standoff, human rights, constitutional rights, charter rights,
police force, excessive force, ns government, parents, child abduction, children and babies,

Canadian Charter of Rights and Freedoms

http://laws.justice.gc.ca/en/const/annex_e.html#I

Part
I	Canadian Charter of Rights and Freedoms
	Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General Application of Charter Citation
II	Rights of the Aboriginal Peoples of Canada
III	Equalization and Regional Disparities
IV	Constitutional Conference
IV.I	Constitutional Conferences
V	Procedure for Amending Constitution of Canada
VI	Amendment to the Constitution Act , 1867
VII	General

SCHEDULE B

CONSTITUTION ACT, 1982⁽⁷⁹⁾

		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. (80)
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. (81)
Annual sitting of legislative bodies	5.	There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82) 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. (83) 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. (83.1)
Proceedings of Parliament	17.	(1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (84)
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. (85)
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. (86)
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. (87)
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. (88)
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. (89)
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. (90)
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. (91)
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. (92)
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.
		PART II RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
Recognition of existing aboriginal and treaty rights	35.	(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
Definition of "aboriginal peoples of Canada"		(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.
Land claims agreements		(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.
Aboriginal and treaty rights are guaranteed equally to both sexes		(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. (94)
Commitment to participation in constitutional conference	35.1	The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867", to section 25 of this Act or to this Part, (a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and (b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item. (95)
		PART III EQUALIZATION AND REGIONAL DISPARITIES
Commitment to promote equal opportunities	36.	(1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to (a) promoting equal opportunities for the well-being of Canadians; (b) furthering economic development to reduce disparity in opportunities; and (c) providing essential public services of reasonable quality to all Canadians.
Commitment respecting public services		(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation. (96)
		PART IV CONSTITUTIONAL CONFERENCE
	37.	(97)
		PART IV.I CONSTITUTIONAL CONFERENCES
	37.1	(98)
		PART V PROCEDURE FOR AMENDING CONSTITUTION OF CANADA(99)
General procedure for amending Constitution of Canada	38.	(1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by (a) resolutions of the Senate and House of Commons; and (b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
Majority of members		(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).
Expression of dissent		(3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.
Revocation of dissent		(4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.
Restriction on proclamation	39.	(1) A proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.
Idem		(2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.
Compensation	40.	Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.
Amendment by unanimous consent	41.	An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province: (a) the office of the Queen, the Governor General and the Lieutenant Governor of a province; (b) the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time this Part comes into force; (c) subject to section 43, the use of the English or the French language; (d) the composition of the Supreme Court of Canada; and (e) an amendment to this Part.
Amendment by general procedure	42.	(1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1): (a) the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada; (b) the powers of the Senate and the method of selecting Senators; (c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators; (d) subject to paragraph 41(d), the Supreme Court of Canada; (e) the extension of existing provinces into the territories; and (f) notwithstanding any other law or practice, the establishment of new provinces.
Exception		(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1).
Amendment of provisions relating to some but not all provinces	43.	An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including (a) any alteration to boundaries between provinces, and (b) any amendment to any provision that relates to the use of the English or the French language within a province, may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.
Amendments by Parliament	44.	Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons.
Amendments by provincial legislatures	45.	Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province.
Initiation of amendment procedures	46.	(1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.
Revocation of authorization		(2) A resolution of assent made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.
Amendments without Senate resolution	47.	(1) An amendment to the Constitution of Canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution.
Computation of period		(2) Any period when Parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1).
Advice to issue proclamation	48.	The Queen's Privy Council for Canada shall advise the Governor General to issue a proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part.
Constitutional conference	49.	A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within fifteen years after this Part comes into force to review the provisions of this Part.
		PART VI AMENDMENT TO THE CONSTITUTION ACT, 1867
	50.	(100)
	51.	(101)
		PART VII GENERAL
Primacy of Constitution of Canada	52.	(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Constitution of Canada		(2) The Constitution of Canada includes (a) the Canada Act 1982, including this Act; (b) the Acts and orders referred to in the schedule; and (c) any amendment to any Act or order referred to in paragraph (a) or (b).
Amendments to Constitution of Canada		(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.
Repeals and new names	53.	(1) The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.
Consequential amendments		(2) Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Actfollowed by the year and number, if any, of its enactment.
Repeal and consequential amendments	54.	Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada. (102)
[Repealed]	54.1	(103)
French version of Constitution of Canada	55.	A French version of the portions of the Constitution of Canada referred to in the schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.
English and French versions of certain constitutional texts	56.	Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative.
English and French versions of this Act	57.	The English and French versions of this Act are equally authoritative.
Commencement	58.	Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada. (104)
Commencement of paragraph 23(1)(a) in respect of Quebec	59.	(1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
Authorization of Quebec		(2) A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec. (105)
Repeal of this section		(3) This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
Short title and citations	60.	This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.
References	61.	A reference to the "Constitution Acts, 1867 to 1982" shall be deemed to include a reference to the "Constitution Amendment Proclamation, 1983". (106)
Schedule to the Constitution Act, 1982 Modernization of the Constitution

Judges taken out of lawsuits!

Wednesday, September 28, 2005 Back The Halifax Herald Limited Judges taken out of lawsuits Two Ontario justices ruled immune from suits filed by VandenElsen,Finck By PATRICIA BROOKS ARENBURG Staff Reporter The long list of people Larry Finck and Carline VandenElsen are suing got a little shorter Tuesday. Justice Arthur Pickup granted an application to strike the names of two Ontario judges from a lawsuit the couple filed. "I am satisfied that these justices are immune from civil pursuit," Justice Pickup said in Nova Scotia Supreme Court. He also ruled that there was "nothing before me to suggest they acted outside their duty." In a lawsuit filed Jan. 10 against 18 people and organizations, Mr. Finck and Ms. Van- denElsen allege that Justices David Aston and Grant Campbell of Ontario Superior Court acted with "malicious intent" against them in court matters. Among other things, the lawsuit alleges that Justice Aston sabotaged sales of Ms. Van-denElsen's book, which detailed her flight to Mexico in 2000 with her seven-year-old triplets when her ex-husband, Craig Merkley, had custody of them. They also allege that Justice Campbell damaged Ms. Van-denElsen's reputation through comments he made in his decision to terminate her access to her triplets. Scott Norton, lawyer for the two Ontario judges, told the Nova Scotia court Tuesday that his clients denied each of the allegations. He argued that allowing the claims against his clients to continue would "compromise judicial independence" and he asked Justice Pickup to strike all references to his clients from the action. Mr. Finck didn't argue against Mr. Norton's submission but asked Justice Pickup to rule so he could appeal his decision to the Nova Scotia Court of Appeal. The judge ruled in favour of the application, removing the Ontario judges as defendants and all references to them in the lawsuit. They did not ask the court for costs and Justice Pickup didn't award any. Since the case was launched, the courts have dismissed claims against two other judges - Justice Robert Wright of Nova Scotia Supreme Court and Justice Deborah Smith of the Supreme Court family division - after ruling that they are also protected by judicial immunity. The remaining defendants include the Children's Aid Society of Stratford, Ont., and two of its workers, the Children's Aid Society of Halifax and two of its workers, Halifax Regional Police, the Central Nova Scotia Correctional Facility, a Halifax doctor and Mr. Merkley and his wife, Janis Searle, both of Stratford. Ms. VandenElsen was brought to the court building Tuesday from the Nova Institution in Truro, where she is serving 3½ years for her role in a lengthy armed standoff in May 2004 over a court order to seize the infant daughter she had with Mr. Finck. The standoff ended after nearly three days when Ms. VandenElsen and Mr. Finck came out of his mother Mona's Shirley Street home with the baby and carrying a dead Mona Finck on a makeshift stretcher. Mr. Finck's elderly mother had died of natural causes during the standoff. Ms. VandenElsen refused to enter the courtroom for Tuesday's hearing and stayed in the cells while Mr. Finck, who is serving 4½ years at the Springhill Institution, argued their case. The couple was allowed to confer for an hour during an adjournment to review a lengthy submission from Mr. Norton. The couple will be back in Halifax on Oct. 14 for a Nova Scotia Court of Appeal hearing on the June 22 family court order that placed their daughter in the permanent custody of the Children's Aid Society of Halifax. pbrooks Back Copyright © 2005 The Halifax Herald Limited