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Locked by Customer ServicHello- A group of us including a paralegal ha

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Hello- A group of us including a paralegal have been drafting a petition to the governor general regarding the egregious behaviour of the current Canadian government. Getting down to brass tacks and need this thing to be accurate and credible. With regard to the Charter and Constitution, Need help with the following on the CC FIPPA: Under this Act, it will be illegal for Canadians to peacefully assemble outside any China owned corporation inside Canada. This will also make it illegal for Canadian citizens whether indigenous or not to express their conscience over any economical or environmental violation to our lands. (This is in direct violation of our Chartered rights under section 2 of the Canadian Charter of Rights and Freedoms). Would just suggest replacing "it will be illegal" (twice), with something like "the Chinese could, under the threat of international arbitration and compensation against Canadian laws and regulations they deem against their interests, effectively force Canada to make it illegal to...". Also would bring in "the failure to duly consult and obtain free and informed consent of First Nations as legally required under Section 35(?) of the Constitution", with regards XXXXX XXXXX and Bills C-35 and 45, and the fact that FIPA could prejudice Provincial Governments' Constitutional powers -suggestions? Have credit card, will travel! His Excellency the Rt. Hon. David, Governor General of Canada XX Ontario XX Petition to His Excellency the Right Honourable David, Governor General of Canada We the undersigned, citizens of Canada, draw the attention of the Governor General to the following: THAT, Whereas the Prime Minister of Canada, Mr. Stephen, was found guilty of the parliamentary offense of Contempt of Parliament on March 25th, 2011, and has continued in this pattern of undemocratic and unconstitutional behavior as demonstrated by the following: Secretly drafting and refusing debate on the Canada/ China F.I.P.P.A) Foreign Investment Promotion and Protection Act), which violates both the Canadian constitution (including but not limited to the Charter of Rights and Freedoms), and the United Nations Declaration of the Rights of Indigenous Peoples (herein after referred to as U.N.D.R.I.P. to which Canada is signatory. Under this Act, it will be illegal for Canadians to peacefully assemble outside any China owned corporation inside Canada. This will also make it illegal for Canadian citizens whether indigenous or not to express their conscience over any economical or environmental violation to our lands. (This is in direct violation of our Chartered rights under section 2 of the Canadian Charter of Rights and Freedoms). The unilateral imposition of Bill C-45, which also violates U.N.D.R.I.P as well as the Canadian constitution. (On Nov. 21st, 2012 an open letter was sent to Prime Minister Stephen Harper from several groups expressing disappointment at the way the government had chosen to “rewrite some of Canada’s foundational environmental protection laws” with Bill C-45. The signatories to the letter — including the David Suzuki Foundation, Greenpeace Canada, and World Wildlife Fund — allege that Bill C-45 “weakens Canada’s environmental laws,” removes critical safeguards, and limits public involvement in projects that could threaten the “air, water, soil and ecosystems on which all Canadians, and our economy, depend).” These two examples of disregard for the Constitution and democratic process clearly illustrate the need for intervention to preserve the fabric of Canadian society. We witness Canada's First Nations rising in resistance to this sabotage of enshrined treaty rights and trust. With all due respect for the rule of law, the Constitution and democratic process must be the foundation of our government, of which you act as vice regal. In the words of Jacques Monet: "The Queen, the Governor General and the Lieutenant Governors are the custodians of the constitution. Their responsibility is to see that the rules are followed, both the written and the unwritten". THEREFORE, Your petitioners call on you to act in your capacity as Governor General and the Queen’s representative to exercise your powers to prorogue Parliament, recuse Stephen and allow the electorate to speak.

Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

I realize it may be a challenging question- and topic:
Please continue your search.
Cheers!
Hal
Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience, Hal. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  LawHelpNow replied 1 year ago.
Hello,
I appreciate your passion and would be happy to help out if possible.
Just to confirm and make sure my understanding is correct, is it possible for you to share just the actual draft language you have at this point?
I've read through your post a few times, and I want to make sure I don't confuse comments with proposed language.
Thanks!
Ben, J.D.
Customer: replied 1 year ago.
Hey!
I'm on the road now; can I get back this evening?
Expert:  LawHelpNow replied 1 year ago.
Hello again,
Yes, certainly, that sounds great and please take your time.
If our paths cross this evening, I'll be sure to check back tomorrow.
I look forward to hearing from you at your convenience.
In the meantime, safe travels and talk to you soon!
Thanks again,
Ben, J.D.
Customer: replied 1 year ago.
Was my response received and adequate?
Expert:  LawHelpNow replied 1 year ago.

Hello again,

I am very sorry for any frustration and do apologize for any inconvenience. My screen does not show any updated remarks from you, I regret to say.

I did submit a request for someone to contact you to assist you.

If you need any assistance with this or anything else related to your account or experience here, folks are always available (upper left hand side of web page shows options for phone, chat, email):


Customer Support

Take care,


Ben, J.D.

Customer: replied 1 year ago.

Here goes again; current working draft followed by suggestion and my comments:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


Petition to His Excellency the Right Honourable David, Governor General of Canada We the undersigned, citizens of Canada, draw the attention of the Governor General to the following: THAT, Whereas the Prime Minister of Canada, Mr. Stephen, was found guilty of the parliamentary offense of Contempt of Parliament on March 25th, 2011, and has continued in this pattern of undemocratic and unconstitutional behavior as demonstrated by the following: Secretly drafting and refusing debate on the Canada/ China F.I.P.P.A) Foreign Investment Promotion and Protection Act), which violates both the Canadian constitution (including but not limited to the Charter of Rights and Freedoms), and the United Nations Declaration of the Rights of Indigenous Peoples (herein after referred to as U.N.D.R.I.P. to which Canada is signatory. Under this Act, it will be illegal for Canadians to peacefully assemble outside any China owned corporation inside Canada. This will also make it illegal for Canadian citizens whether indigenous or not to express their conscience over any economical or environmental violation to our lands. (This is in direct violation of our Chartered rights under section 2 of the Canadian Charter of Rights and Freedoms). The unilateral imposition of Bill C-45, which also violates U.N.D.R.I.P as well as the Canadian constitution. (On Nov. 21st, 2012 an open letter was sent to Prime Minister Stephen Harper from several groups expressing disappointment at the way the government had chosen to “rewrite some of Canada’s foundational environmental protection laws” with Bill C-45. The signatories to the letter — including the David Suzuki Foundation, Greenpeace Canada, and World Wildlife Fund — allege that Bill C-45 “weakens Canada’s environmental laws,” removes critical safeguards, and limits public involvement in projects that could threaten the “air, water, soil and ecosystems on which all Canadians, and our economy, depend).” These two examples of disregard for the Constitution and democratic process clearly illustrate the need for intervention to preserve the fabric of Canadian society. We witness Canada's First Nations rising in resistance to this sabotage of enshrined treaty rights and trust. With all due respect for the rule of law, the Constitution and democratic process must be the foundation of our government, of which you act as vice regal. In the words of Jacques Monet: "The Queen, the Governor General and the Lieutenant Governors are the custodians of the constitution. Their responsibility is to see that the rules are followed, both the written and the unwritten". THEREFORE, Your petitioners call on you to act in your capacity as Governor General and the Queen’s representative to exercise your powers to prorogue Parliament, recuse Stephen and allow the electorate to speak.


xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


XXXXX XXXXX Well done Harald. Would just suggest replacing "it will be illegal" (twice), with something like "the Chinese could, under the threat of international arbitration and compensation against Canadian laws and regulations they deem against their interests, effectively force Canada to make it illegal to...". Also would bring in "the failure to duly consult and obtain free and informed consent of First Nations as legally required under Section 35(?) of the Constitution", with regards XXXXX XXXXX and Bills C-35 and 45, and the fact that FIPA could prejudice Provincial Governments' Constitutional powers.

March 8 at 2:55pm ·


xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


The suggestions seem good, i want to ensure the wording is accurate- what sections of the constitution and/or charter of rights apply?


Any other suggestions you have will be greatly appreciated


 

Expert:  LawHelpNow replied 1 year ago.

Hello again,


My name isXXXXX'm a licensed attorney. Glad to try and help out.


Sure sorry for the circumstances, truly. My heart goes out to you.


I apologize for the technical issues and greatly appreciate your patience!

Just by way of a few introductory remarks, I must say you folks have done a great job here overall. I mentioned your passion in my initial post, and that's truly what comes through loud and clear. I commend you for being willing to take a proactive stance and step up to the plate, so to speak. You're doing a favor for any other folks similarly situated, and I have utmost respect for you in doing so.

Also, just to briefly touch upon my background and experience, I've been involved in the substantive drafting of governmental petitions. I've also served as a legal editor and consultant, so I tend to have an eagle eye when it comes to proofreading. I mention all of that just by way of background, not meaning to brag by any means, but this sort of thing does happen to be right up my alley.

So, having said all of that, here are my thoughts regarding your working draft as it currently stands. My comments or suggestions are in underlined italic font, as follows:

Petition to His Excellency the Right Honourable David, Governor General of Canada We the undersigned, citizens of Canada, respectfully XXXXX XXXXX grievances and urgently pray for the attention of the Governor General to the following most serious causes for genuine alarm: THAT, Whereas the Prime Minister of Canada, Mr. Stephen, was found guilty of the parliamentary offense of Contempt of Parliament on March 25th, 2011, and has continued in this pattern of undemocratic and unconstitutional behavior as demonstrated by the following, to wit: Secretly drafting and refusing debate on the Canada/ China F.I.P.P.A) Foreign Investment Promotion and Protection Act), which violates both the Canadian constitution (including but not limited to the Charter of Rights and Freedoms), and the United Nations Declaration of the Rights of Indigenous Peoples (herein after referred to as U.N.D.R.I.P. to which Canada is signatory. Under this Act, it will be illegal for Canadians to peacefully assemble outside any China owned corporation inside Canada. This will also make it illegal for Canadian citizens whether indigenous or not to express their conscience over any economical or environmental violation to our lands. (This is in direct violation of our Chartered rights under section 2 of the Canadian Charter of Rights and Freedoms). Furthermore, this enactment would constitute an conscionable deprivation of our Constitutional rights and risk setting an exceptionally dangerous precedent. Truly, the horrendous potential impact of this Act cannot be overstated as touches upon the lives of Canadian citizens. The unilateral imposition of Bill C-45, which also violates U.N.D.R.I.P as well as the Canadian constitution. (On Nov. 21st, 2012 an open letter was sent to Prime Minister Stephen Harper from several groups expressing disappointment at the way the government had chosen to “rewrite some of Canada’s foundational environmental protection laws” with Bill C-45. The signatories to the letter — including the David Suzuki Foundation, Greenpeace Canada, and World Wildlife Fund — allege that Bill C-45 “weakens Canada’s environmental laws,” removes critical safeguards, and limits public involvement in projects that could threaten the “air, water, soil and ecosystems on which all Canadians, and our economy, depend).” These two examples of disregard for the Constitution and democratic process clearly illustrate the need for intervention to preserve the fabric of Canadian society. We witness Canada's First Nations rising in resistance to this sabotage of enshrined treaty rights and trust. With all due respect for the rule of law, the Constitution and democratic process must be the foundation of our government, of which you act as vice regal. In the words of Jacques Monet: "The Queen, the Governor General and the Lieutenant Governors are the custodians of the constitution. Their responsibility is to see that the rules are followed, both the written and the unwritten". THEREFORE, Your petitioners call on you to act in your capacity as Governor General and the Queen’s representative to exercise your powers to prorogue Parliament, recuse Stephen and allow the electorate to speak.

I would also recommend placing "vice regal" in upper and lower case letters (Vice Regal). Furthermore, I do like the language you shared in the input from others, namely (in pertinent part): "..."the failure to duly consult and obtain free and informed consent of First Nations as legally required under Section 35(?) of the Constitution". I would add for reference that the specific provision to be cited is "Sections 35(1)-(4)" (Section 34 starts the portions to be cited as the Canadian Charter of Rights and Freedoms).

I hope all of that makes sense. The botXXXXX XXXXXne is you have a solid document here which nicely expresses your position.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you good folks.


Take care,


Ben, J.D.

Customer: replied 1 year ago.

Great stuff! Two points to clarify:


I believe you meant to say unconscionable-


 


In your view, is the following accurate and safe to use?


 


Under this Act, it will be illegal for Canadians to peacefully assemble outside any Chinese owned corporation inside Canada. This will also make it illegal for Canadian citizens whether indigenous or not to express their conscience over any economical or environmental violation to our lands.


 


Though this is what's happening, i don't know if it is written into the FIPPA- i realize that's an onerous question- may be better to leave out that statement//

Expert:  LawHelpNow replied 1 year ago.
Hello again,
Thanks for writing back..great to hear from you!
You're quite welcome...my pleasure entirely!
And yes, "unconscionable" is certainly apropos here. Actually, I was just quoting your language with my use of "unconstitutional". Here's a copy and paste from your remarks: "...and has continued in this pattern of undemocratic and unconstitutional behavior as..."
Now, regarding your mention of the Foreign Investment Promotion and Protection Act, great logical question and I respect your desire to proceed cautiously. Frankly, however, I don't think the language goes too far or is inaccurate, primarily on account of the “investor-state dispute resolution clause” inherent in such legislation. As you can probably discern, I'm not entirely objective here. In fact, personally I'm strongly biased against this legislation. In fact, I know that recently a British Columbia First Nation has petitioned the Federal Court to hold the lawmakers to honor their obligation to consult with aboriginal peoples.
In my estimation, the language is accurate and fair in regards XXXXX XXXXX issues, namely that of free speech protest rights and that of indigenous persons. It's up to you good folks to make the final call, of course, but I certainly see nothing defamatory or false about the language in question.
Kind regards,
Ben, J.D.
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