Regarding the 'Right to Shelter' Appeal
Regarding the 'Right to Shelter' Appeal
(originally a letter hoped to get printed in the Martlet RE: the City's appeal of the Adams' ruling)
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It remains unlawful, for those who cannot afford it, to sleep during the day.
To call the outcome of this appeal a victory is ludicrous. So far, the only victory is the admission of expert testimony that asserts the need for basic shelter as a condition of getting sleep, so as to avoid exposure from dew or blizzard... and, as well, I guess, the City has removed its 'loitering' prohibition in parks which now allows people to sleep under a tree without a 'temporary abode', which they could not do up until 2007.
Our lawyers do not contest the BC Appeals Court disposition that changed the original ruling, which stated that it was not Constitutional to prevent homeless people from supplying themselves with shelter, to being not Constitutional to prevent homeless people from supplying themselves with shelter during the night.
The lawyers cite cost and a presumption of failure as the reason they do not feel inclined to appeal to the Supreme Court of Canada to assert the right, for people who cannot afford it, to sleep during the day.
Now, here is where it starts to get interesting.
I feel it is very important to file for Leave to Appeal to the Supreme Court of Canada. Even if it is futile it is an avenue that should be taken, so, at least, we can say we tried. Truly, the denial of civil liberties requires a section 1. allowance (rooted in the same legislation that allows for martial law... an 'In the best interest of Canada' scenario), or, at the very least, an assertion of the Crown's 'Royal Prerogative' (have no doubt that, legally, the Queen is an all-powerful political player in this Constitutional Monarchy we call Canada).
So, is the right to erect shelter during the day, for those who cannot afford it, a 'civil liberty'? And, are there any lawyers, or law students, who would be willing to assist on a case that will either lead to tentcities/shantytowns becoming common in our social fabric, or be the meat of the legislation that will see the creation of internment camps? Its gotta be pro bono (oh ya, I'm what people in the biz call 'weird' as I've a 'vow of poverty' and can only use stamps and photocopiers that others provide).
We got the night. We've made a dent and now the last few hours that guarantee the monopoly on sleep are being guarded, viciously, by professional spin-doctor psychopaths that have billions of dollars supporting them.
We have until February 5th or 6th to file. I can get other defendants to get on board. If you've any interest, at all, we should talk- this is the biggest and most important court case in Canadian history... the case that will determine if we are allowed to live for free (what's that word some people use??... oh ya... FREEDOM).
Fiat justitia ruat caelum. "Let justice be done, though the heavens fall."
in a layman's expertise,
David Arthur Johnston
Victoria, BC, Canada
Hatrackman@Gmail.com
Awsome! I wish there was some way I could help David. I don't currently live in Victoria though. Is there anything at all I can do? Keep up the good fight, I am rooting for you!
Pro Bono Law of BC
Pivot Legal LLP - Human Rights
mayhaps, email them this plea for help: http://www.homelessnation.org/en/node/18171
Pivot Legal LLP - Human Rights
I have done what you suggested metamorphosis and sent the message to pivot legal, I truely hope it helps. I found 4 lawyers that do cases like this as well problem being they are not from B.C and live in Alberta but I thought mabe just sending them an e-mail couldn't hurt. You are looking for a pro-bono lawyer correct? Anyhow anything I can do to help I will.
We have a legal system which is what binds us to the system of control. It has an aspect of uniformity which says everyone is bound by the law yet on matters which are affected by the establishment of control we have no way to attach liability.I.e. The government cannot be charged for bad government. They have in law an immunity clause.Nor can a judge be charged for bad judgment. They also have an immunity clause.Nor can you charge a teacher for giving you a bad education .They are not responsible for creating the curriculum .
It's easy to end homelessness. They created it with their rules and their direction and they can change it by changing the rules.They ,the city in response to the supreme court decision which said it's illegal to deny anyone the right to protect themselves with an overnight shelter on public lands made a bylaw which said its illegal to sleep during the day and day is 7 to 7. They ,the collective rag tag bag of lunatics determine even how long a day is. In Victoria according to city council it's 7 to 7 and the rules against sleeping are between those hours.Another council could say it's between 9 and 5 and they would be right in doing that according to their rules. They determine interpretation of the law.Where the legal system said it's a breach of fundamental justice to deny anyone the rights to protect themselves with a shelter overnight the city says ok you said the night . we still rule the day and so they made another law which says it's illegal to sleep or to protect yourself during the day 7 to 7. this means that the battle for the humane right to protect yourself by your own efforts is not yet won. If this creates hardship suffer.
The lawyers which over a period of years fought for and won the right to force the city to change the laws as dictated by them have only done half a job and they do not want to continue . For whatever reason.???
Is it right to give the courts who have no liability control over our lives? is it right to give the government the power to make laws and to have the mayor the chairman of the police board? what is right? Has been determined by the charter of rights and freedoms which Canada has made. You are forced to obey this charter . If you do not then you under the law can be forced as the city was in this case. however it takes years of court time to get thru to a judge and then having the ruling as we do in this case spin doctored, twisted and make it come out all wrong again. And if you disagree you are forced to go back thru this system to make it right .Right? No Wrong . The system has no liability. It has lie ability .And their is nothing you can do about it . Not right now.
This is bullshit. we are the people and it;s time we woke up. We are liable they are not. We make the rules. Except the people have been dis empowered. They have allowed their freedom to be taken away .No not everyone . Their are a few radicals like d.a j. who take the system on and work for true justice however it's an uphill battle that goes on and on. It's a process.
I thank daj for what he has done and what he is doing however when we put our trust and power in a system which has no liability we must suffer thru it. Patience. The courts are not right not now not ever. The law has always been controlled by the ruling few. The bible calls it the strength of sin and says the law is made for the unruly . I say it is made by the unruly. An honest man is above the law.
We need to bring the judges out from their high chairs and speak clearly without the mumble jumble of legalities. If our only recourse to corrupt government is thru the law then dont you think it's time the judges had some liability to answer for what they are doing ? They are paid from the public purse. If the government has taken control over our lives and says we must do as they say they should be liable for what they are doing and not give us that crap that we control government with our votes. It;s only when the people stand up will we see and enjoy a balanced earth. It truly is up to everyone. No one can do it alone. Not david not the justice system not the government. We have to come together. However many we are . All
Crystalstreetnameangel,
That's really cool.
cheers.