Idle No More brings 35 Alleged Infringements of Section 35   Leave a comment

35 Alleged Infringements of Section 35

#1, Seizure and Selling of Fish Implying a Finding of Guilt Without Due Process

#2, Infringements on Constitutional Rights and Life Chances of a Single Mother’s Aboriginal Children

#3, The Placement of a Trial Concerning Areas of Federal Jurisdiction, Specifically Fish, Indians, and the Federal Crown’s Fiduciary Obligations to Aboriginal Peoples, in a BC Provincial Court

#4, Failure to Situate the Trial of Kwitsel Tatel in a Court with Sufficient Jurisdiction to Enforce Some Measure of Equity Between the Federal Prosecutor and the Defendant and the Failure to Situate the Trial in a Juridical Venue Equipped with the Necessary Jurisdiction to Define Human Rights, Including the Section 35 Rights of the Aboriginal Peoples of Canada

#5, Relegating the Arbitration of Constitutionally-Protected Rights That Are to Be Recognized and Affirmed to Processes Where a Primary Focus is on the Criminalization of the Aboriginal Peoples of Canada

#6, Inappropriate Crown Pressure Placed on Some Aboriginal People, including Kwitsel Tatel, to Plead Guilty to Criminal Charges for Activities That Might Be Exercises of Existing Aboriginal and Treaty Rights

#7, Failure of Crown Officials to Protect Section 35 Rights by Criminalizing Offenders That Violate These Rights

#8, Failure of Crown Officials to Provide Equitable Police Protection from Violent Incursions on the Very Persons of the Class of Peoples Covered by Section 35 of the Constitution Act, 1982

#9, Federal Failure to Rewrite the Fisheries Act to Conform with Section 35 and with the Unceded Aboriginal Rights of Those Aboriginal Groups, Especially in British Columbia, That Have Not Entered into Treaty Agreements with the Crown

#10, Failure of Law Enforcement Agencies in Canada to Develop Coherent Strategies and Policies for Comprehensive and Consistent Enforcement of Section 35

#11, The Dishonouring of the Crown by Crown Officials Who Deny and Negate Rather Than Recognize and Affirm the Existence of Aboriginal and Treaty Rights

#12, The Failure of the Federal Government of Canada to Resolve Conflicts Between Its Constitutional Responsibilities for Sea Coast and Inland Fisheries, Indians and Lands Reserved for the Indians, as well as for the Federal Crown’s Fiduciary Obligations to the Aboriginal Peoples of Canada

#13, The Consistent Failure of the Ministry of Justice to Uphold the Honour of the Crown by Recognizing and Affirming in Court the Existence of Aboriginal and Treaty Rights, including in the Trial of Kwitsel Tatel

#14, The Failure of the Federal Crown Prosecutor, Mr. Finn Jensen QC, to Reconcile Federal Power with Federal Duty by Attending to His Fiduciary Responsibilities to Help Kwitsel Tatel Receive a Fair Trial in a Juridical Venue Equipped with All Necessary Jurisdictional Capacities

#15, Failure of the Government of Canada to Mount Appropriate Training Programs Especially for Crown Officials Responsible for Applying, Enforcing and Safeguarding Section 35 Rights

#16, The Transformation of Crown-Aboriginal Alliances Built Up in the Defense of Canada into Crown-Aboriginal Antagonisms

#17, The Failure to Enforce Section 35 to Bring About More Equitable and Fair Apportionment of the Resource Wealth of Canada

#18, Failure of the Government of Canada to Come Up with a Clear Definition of Section 35 Sufficient to Provide a Rough Guide Outlining the Scope and Content of Existing Aboriginal and Treaty Rights

#19, The Failure to Reflect the Imperatives of Section 35 in the Constitution, Iconography, Staffing, Language Policies, Procedures and Conventions of Canada’s Courts

#20, The Inequity of the Juridical Process and the Failure of the Federal Crown to Live Up to Its Fiduciary Obligations to Mitigate at the Very Least the Resourcing Biases of an Unfair Trial [with particular reference to the responsibilities and alleged conflict of interest of Mr. Finn Jensen QC]

#21. Failure of Federal Crown Prosecutor, Mr. Finn Jensen QC, to Resolve the Conflict of Interest Attending His Responsibilities in the Kwitsel Tatel Case

#22, Lack of Transparency in Changes to the Charges Against Kwitsel Tatel and the Failure to Bring the Revised Charge into Conformity with the Principles Concerning Aboriginal Food Fisheries as Outlined in the Supreme Court’s Ruling in the Sparrow Case [with particular reference to Mr. Finn Jensen QC]

#23, Failure of Crown Officials to Address Seriously the Contentions of Kwitsel Tatel Concerning Section 35 Prior to Her Criminalization

#24, Discriminatory Enforcement of the Fisheries Act to Avoid the Criminalization of Non-Aboriginals in the Case of Kwitsel Tatel

#25, Wrongful Presumption of Guilt and Damaging Inaccuracies in the RCMP’s Publication of Patricia Kelly’s Crime Stopper’s Mug Shot and Personal Information

#26, Publication of Patricia Kelly’s Crime Stopper’s Advertisement as Propaganda for the Incitement of Racial or Ethnic Discrimination (See Article 8 of the UN Declaration on the Rights of Indigenous Peoples)

#27, Mr. Finn Jensen’s Tactics on Behalf of the Federal Crown to Deny and Negate Section 35 Rights Through Plea Bargaining and through the Manipulation of Police Powers to Criminalize, Impoverish, Harrass, Dispossess, and Intimidate the Accused

#28, On the Failure of the Officers of the Chilliwack Law Courts to Provide Conditions of Safety, Security, and Respect for Canada’s Aboriginal and Multicultural Heritages

#29, The Failure of the Federal Ministry of Justice to Protect Section 35 by Pressing Criminal Charges Against Those That Violate Its Terms

#30, Section 4 of the Aboriginal Communal Fishing Licenses Regulations Confers on the Minister of Fisheries Powers That Are Inconsistent with Section 35

#31, The Accelerating Federal Retreat, Without Consultation with First Nations, from Conservation of Fish Habitat

#32, The Failure of the Federal and Provincial Governments to Safeguard and Protect From Pollution Those Natural Resources That Belong to the Aboriginal Peoples of Canada by Virtue of Section 35

#33, The Criminalization of Kwitsel Tatel Depends on a Statement of Facts That, in Reality, Contains Fictions

#34, Placing the Case of Kwitsel Tatel in a Court That Has the Full Authority to Criminalize the Accused but Which Lacks Jurisdiction to Define and Arbitrate Existing Aboriginal and Treaty Rights Under Section 35

#35, The Federal Ministry of Justice Has Improperly Directed the Trial of Kwitsel Tatel and Others of Its Type into the Provincial Court of British Columbia

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Posted January 19, 2013 by massagrabber in Fallen Angels

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