Open Canuck Theist 29 - Which Laws Do We Follow

Statement by (your name here) to the prosecutor for withdrawal of charges under the Canadian Bill of Rights(1960), Alberta Bill of Rights(1980), Emergencies Act(1985) and the Alberta Emergency Management Act.

I could not accept the offers from the crown as they were ridiculous in scope. I believe I have done nothing wrong. Section 1 of the Charter of Rights and Freedoms(1982) is what they are using to impose this tyranny on all Canadians. Yet section 26 of the Charter clearly states that the existing rights and freedoms in Canada continue:

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.

Those laws include The Canadian Bill of Rights(1960) and Alberta Bill of Rights(1980) 1(a), (d), and (e) which state:

1 It is hereby recognized and declared that in Alberta there exist without discrimination by reason of race, national origin, colour, religion, sexual orientation, sex, gender identity or gender expression, the following human rights and fundamental freedoms, namely:

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

(d) freedom of speech;

(e) freedom of assembly and association;

and Alberta Bill of Rights section 2 states:

2 Every law of Alberta shall, unless it is expressly declared by an Act of the Legislature that it operates notwithstanding the Alberta Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared.

And Section 3(2) of the Alberta Bill of Rights states:

(2) In this Act, “law of Alberta” means an Act of the Legislature of Alberta enacted before or after the commencement of this Act, any order, rule or regulation made thereunder, and any law in force in Alberta at the commencement of this Act that is subject to be repealed, abolished or altered by the Legislature of Alberta.

Also a Law of Canada is a law enacted by the Parliament of Canada. Which means anything less then an order of the Legislature of Alberta, or the Parliament of Canada cannot remove our rights, not even a Medical Mandate.

The Emergencies Act of 1985 [1988, c. 29, assented to 21st July, 1988], in the preamble it clearly states”

“AND WHEREAS the fulfillment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;

AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;

Now City/Town Councils, Mayors and even un-elected Health Minsters are bylaw officers, they are bound under the limitations of said positions. In the Alberta Emergency Management Act current as of September 1, 2020, Section 2: 5(1)(b) states: Unless otherwise provided for in the order for a declaration of a state of emergency, where
(b) there is a conflict between this Act or a regulation made under this Act and any other Act or regulation, other than the Alberta Bill of Rights or the Alberta Human Rights Act or a regulation made under either of those Acts,
during the time that the order is in effect, this Act and the regulations made under this Act shall prevail in Alberta or that part of Alberta in respect of which the order was made.

Therefore a Health Mandate from a Health Minister has no authority over the Alberta Bill of Rights. The Laws of Alberta have not been done away with by The Legislature of Alberta, and the Laws of Canada have not been done away with by an act of the Parliament. I noticed all my tickets mentioned The Health Act 73.1, as the bylaw I was breaking. Yet as clearly recognized in the law, a bylaw that disagrees with a law, the law prevails. There is no such Act of Parliament or the Legislature as described in section 2 therefore the actions of the officers at the behest of AHS, in ticketing me to strong-arm my rights away, based on a provincial bylaw was unlawful.