Manitoba RM takes Farmers Land

[TOM4CWB]

Burbert,

I agree the courts have not generally respected private property rights... unless the property is held by special interested people...

But what about what the LAW in Canada does say?

here it is... and Madam Justice Loiuse Arbour no less said she thought it was sad the Canadian Judicial System didn't apply this law:

PART I

BILL OF RIGHTS

Recognition and declaration of rights and freedoms
1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

(b) the right of the individual to equality before the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and association; and

(f) freedom of the press.

Construction of law
2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to

(a) authorize or effect the arbitrary detention, imprisonment or exile of any person;

(b) impose or authorize the imposition of cruel and unusual treatment or punishment;

(c) deprive a person who has been arrested or detained

(i) of the right to be informed promptly of the reason for his arrest or detention,

(ii) of the right to retain and instruct counsel without delay, or

(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;

(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self crimination or other constitutional safeguards;

(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;

(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; or

(g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.

Burbert... name a good reason why this "Bill of Rights" should not count and apply to "Private Property Rights" in Canada?

[sumdumguy]

Maybe there is a good case for elected judges, rather than political appointees.

[Fransisco]

If I put on my Devils advocate horns on the loophole is right here...

"(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof <b>except by due process of law;</b>"

That's what allows governments to steal.

[wd9]

Broker, have your land taken away

[TOM4CWB]

Fransisco;

"2(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;"

'Read in" principals of Fundemental Justice are:

1. The Common Law is based on the Golden Rule, which states;
Do unto others as you would have done unto you,
And the Negative Golden Rule, which states;
Do not do unto others as you would not have others do unto you;

2. The two fundamental principals of common law:
ć Do not infringe upon the Rights, Freedoms or Property of others, and
Keep all contracts willingly, knowingly and intentionally

Common law maxims include:
ć That for every wrong there is a remedy,

ć The end does not justify the means,

ć Fundamental principals cannot be set aside to meet the demands of convenience or to prevent apparent hardship in a particular case,

ć Ignorance of the law is no excuse for breaking the law,

ć Two wrongs do not make a right, and

ć One can enlarge the rights of the people, however they cannot be taken away without their informed consent.

Fransisco,

Why do our courts refuse to respect these laws?

[broker]

wd, people in my community HAVE lost their house because the owed in the tens of thousands in back taxes...if they don't pay, and the community does nothing, then they raise MY taxes again...I keep reading on here about how people are tired of working to make money for others, whether it be the multinational grain co's or the CWB or whoever...why should I have to work harder to pay my taxes, that have been increased because someone else chooses not to pay theirs...is that fair? I'm not saying that they should immediately take someone's land, but if all other means are exhausted, then they need to look at other ways to keep other people from having to foot the bill.

[Burbert]

broker, You're the idiot Here is some advice for you, move to the South Pole, start an unfettered business dealing in bird guano, you'll soon be broke, rather than broker!!!!!!!! Win, win situation for all concerned.

[Fransisco]

Tom, you're asking the wrong guy on that one. My Devils advocacy only goes so far.

[FarmRanger]

Good point broker.

Burbert, stop looking in the mirror before you post. No argument, no point, just insult. Classy.

[Fransisco]

For anyone interested the courts rational can be found at the following address.

http://www.canlii.org/en/mb/mbca/doc/2007/2007mbca108/2007mbca108.html

[boarderbloke]

At this point, it will be interesting whether Arthur Fouillard receives financial compensation for his land based on the bush, scrub and pasture, as it is now, or whether he'll receive compensation based on it's potential it earn income as a tourist attraction ! ????