Thread by @OnElectionDay

The important point to keep in mind regarding section 33 of the Charter of Rights & Freedoms is why it was included. Think about what was going on at the time and why the Charter was even created.

Sect. 33 is a white supremacy tool that was included to make white men feel safe.

Now that this fact has been said, let’s get to the heart of addressing the attempt to abuse power in order to maintain white supremacy.

It’s 2018, time to rule section 33 unconstitutional when used to subvert Canadians’ inalienable rights to a free & democratic society.

#TOpoli

History has taught us many lessons.

Some people learn from them and some people don’t.

During the time when then Prime Minister Pierre Trudeau and other white male elected Representatives were working on ensuring that underrepresented and marginalized Communities were protected

the following was happening in Canada and the world (to name a few things)

👉🏿Residential Schools were still operating throughout Canada (the Residential school system was the model white supremacists & separatists used to carry out Apartheid)

#TOpoli #ElectionTO #OurCityHall

👉🏿 Indigenous Peoples continued to fight for their rights, land and humanity

👉🏿 more Black Caribbean immigrants were coming to Canada including scholars & academics

👉🏿 the “Sir George Williams Occupation” took its place in history

👉🏿 Apartheid was alive & well

👉🏿 Civil Rights Activists kept showing the world what was really happening in Canada

👉🏿 etc…

White men who wanted to hold on to their supremacy were concerned with the ‘browning’ of Canada and losing what they believed they were entitled to.

#TOpoli #ElectionTO #Toronto

Now with this ‘civil rights’ legislation that ‘left winger’ Trudeau was trying to enact, many white men and women were concerned that they now couldn’t discriminate against the “coloureds and the Jews” as it should be their right to do so and more importantly they would be held…

accountable if they did!

So instead of making everyone accountable, the Charter placed limits on Government including Elected Representatives and Employees, for their acts that limit people’s rights and discriminate against them.

#TOpoli #ElectionTO #OurCityHall #OurToronto

It wasn’t until when then Premier Peter Lougheed (his Grandfather and former Senator, James Lougheed was a known racist) suggested what we now know to be section 33 of the Charter that the elected white male representatives felt comfortable signing on to allow the Charter
#TOpoli

The attempt to use section 33 to overturn the Public’s Rights has to be looked at as contracts between the Public, the Government and between Elected Representatives and their ability to use a #RightsRebate to maintain white supremacy to the exclusion of…

#TOpoli #ElectionTO

…the then newly created rights for people who were/are underrepresented and discriminated against.

Instead of admitting the presence of such stipulations and its supremacist history and nature, media tip toes around these facts.

#TOpoli #ElectionTO #TORONTO #OurCityHall

The law is not limited by the words provided, intent of the law must be looked at.

If the purpose of Section 1 of the Charter is to be interpreted in a plain language way that limits on rights are acceptable if those limits can be justified in a " free and democratic society"…

…then we must expect that a free and democratic society exists in Canada- including Toronto as it relates to how we determine what is necessary for effective representation to ensure that we all have the ability to live thrive.

#TOpoli #ElectionTO #TORONTO #OurCityHall

What was the purpose of the notwithstanding clause?

‘Who’ was it representative of?

Look back at what was happening at the time surrounding the involvement of Section 33:

https://twitter.com/onelectionday/status/1041431780190908416?s=21

#TOpoli #ElectionTO #TORONTO #OurCityHall #OurCityHallToo #OurTorontoToo

Section 33 of the Charter lets a government override certain Charter rights on the intents & purposes that Canadian values were no longer being reflected, thus would then be the need to invoke section 33.
#TOpoli #ElectionTO #OurCityHall #OurToronto #OurCityHallToo #OurTorontoToo

IMO, that is to say, if ‘upholding’ Charter rights re sections 2, 7-15 were so obstructive to Canadian values then Government would have the right to invoke the powers and protection of section 33.

#TOpoli #ElectionTO #TORONTO #OurCityHall #OurToronto #OurTorontoToo #inclusion

What are are Canadian values?

What does the world understand Canadian values to be?

Is anything Toronto is doing to better provide effective representation to its residents, by having 47 electoral Wards, against a free & democratic society &/or against Canadian values?

#TOpoli

The Charter continues to defend the principles of freedom, #inclusion, rights & dignity that define us as Canadians.

The world believes that Canada is a free society. We are not a country/Province/City under dictatorship nor will we be reflected in this way.

#TOpoli #ElectionTO

The Court has the power to deem actions unconstitutional.

From my Mayoral Candidacy perspective, I have entered into a contract in good faith expecting the contract to be fulfilled with Toronto & Ontario fulfilling its responsibilities &obligations under the contact.
#ElectionTO

Good faith is an essential part of a contract.

The City of Toronto is a Corporation. When Candidates signed on to be entered as nominations to be certified by the Clerk, we did so in good faith.

#TOpoli #ElectionTO #OurCityHall #OurToronto #TORONTO

The Supreme Court of Canada (SCC) ruled on good faith and is open to the law expanding as a result of its ruling.

#TOpoli #ElectionTO #TORONTO #CommunityWellness #inclusion #OurCityHall #OurToronto #OurTorontoToo #OurCityHallToo

IMO, the applicable cases include Bhasin v Hrynew, 2014 SCC 71 (good faith - contract law entering into contracts in good faith) expanding on these principles as they relate to legislation, clear communication and understanding of legislation or outlined information at the time…

to make informed actions to proceed by a designated deadline and the enforcement of legislation; Sattva v. Capital Corp. v Creston Moly Corp., 2014 SCC 53 (“In terms of contractural interpretation, the unanimous Sattva v. Capital Corp. v Creston Moly Corp., 2014 SCC 53 Decision…

…both clarified and fundamentally changed how Canadian Courts interpret contracts.”

The effect on #accessibility & #inclusion in a free & democratic society cannot go unchallenged. Note that this thread forms the basis of my legal challenge to Bill 31 and to Bill 5.

#TOpoli

Affect/effect of Gov’t actions on our electoral process impedes our rights of being a free & democratic society. Premier Ford’s response to Justice Belobaba’s Decision & to Toronto is not responsible. He can’t demonstrably justify his need to invoke sect 33.

#TOpoli #ElectionTO

I share my legal argument here because I believe that together we succeed. If anyone wants to borrow any aspect of what I raise in order to protect the Public’s rights and interests please do so. Just remember where it came from and don’t try to claim it as your own…

#TOpoli

Respect the work that Black women do every day to protect the Public’s rights and interests. Know that the solutions and ideas we regularly put forward are claimed by others as their own innovation with no credit where credit is due…

#TOpoli #ElectionTO #OurCityHall #TORONTO

…We’re not necessarily looking for credit of our work, we just don’t want you to take credit, claim & profit from our work, ideas, solutions and innovation if we’re all not profiting.

This also serves as public statements I make re #Bill31 & #Bill5

#TOpoli #ElectionTO #TORONTO

@threadreaderapp unroll please

Let’s see what Premier Ford and his P.C. Party come up with now that this is out.

#ONpoli #ElectionTO #TOpoli #TORONTO #OurCityHall #OurToronto #OurTorontoToo #OurCityHallToo #inclusion #CommunityWellness #accessibility #democracy