The Argument put to the "Courts" of British Columbia.
In a TRUE constitutional democracy, the role of a publicly established authority (whether government, police, or court) is in every respect connected with the protection of the rights of the individual within the framework of the fundamental principles of justice.
As will become readily apparent to the followers of this and other cases, what we have in BC (and indeed Canada as a whole) is the gross perversion of this sacred trust, and maintenance of the law, by parasite judges selected (by government) for the purpose of protecting legislative power and privilege. The courts of this country are rapidly becoming a useless and dysfunctional tool in the preservation of our lawful immutable inherent rights.
When considering the importance of this case, it is vital to understand the issue is RIGHTS, and the way in which our rights are preserved in a true constitutional democracy. When a court says a proper "right" is actually just a privilege, it means that you are not a person having ANY rights, dignity or self-determination. You are merely the property of government to which we may or may not receive privileges doled out at their arbitrary discretion and whim. Say hello to serfdom and tyranny!
These self appointed "lords" partly try to justify the form of this oppression by way of arguing that majority determines our government dispensed privileges. However, the majority they refer to is clearly not that of the public; rather they refer to the members of the legislature. Furthermore, there is no principle of fundamental justice that determines the morality of a law based simply on its popularity. [Note: Election results for 1996 shows that not even having more votes means anything.]
The whole purpose of setting in place CONSTITUTIONAL Rights, is so that regardless of outside opinion or force, such foundations remain ever lasting, and are in fact the root from which all just and common law is created. In other words, there will ALWAYS be a right to own property and to defend oneself, and thus there will always be a need to obey and enforce the law against theft and assault. Such concepts are readily understood by elementary school children, yet they are lofty and complex to such creatures as the politician or judge. Unfortunately for them, ignorance of the common law is no excuse.
Some background to get started...
Two issues at law existed: One was the unlawful infringement, by way of the Motor Vehicle Act and Victoria City bylaws, of our inherent right to free and peaceful use of the highways, contrary to our eternal Magna Carta. The second was that of exemptions toward the Mayor and councillors which gave them exclusive hold of the aforesaid right, and thus violated the Canada Act, section 15.
Consider the decision of Justice Egbert of the Supreme Court of Alberta (1955) regarding our common law right.
Since at least the reign of King Alfred the Great, all of us have had a ‘Sovereign protected’ right to travel the Kings/Queen’s highways in peace; free from government aggression and profiteering (or theft).
Justice Egbert stated:
Since time immemorial the Queen’s subjects have been free to move along the Queen’s highway provided only they kept the Queen’s peace. While the requirement of technical competence in the operation of that modern mode of conveyance, the motor vehicle, may, for the public safety, require the subject to prove that competence, as a condition to the issue of a licence to drive — and the consequent right to drive - that requirement does not reduce a “right” to a “privilege.” Because it is my duty to be technically competent to drive, my right to drive is not destroyed, although it may be taken away from me or suspended if I fail in the performance of my duty. The introduction of a dangerous mode of conveyance has not destroyed or impaired my right, but it has enlarged my duty. The keeping of the Queen’s peace now embraces an obligation on me to be so technically and physically competent that I shall not drive to the danger of any other of Her Majesty’s subjects. When I have fulfilled my obligation, when I have performed my duty, my right to move freely upon the Queen’s highway remains intact and unimpaired. "
In the last few decades, and in spite of the alleged protection of our Charter, our right to travel peacefully (part of our liberty and security right) on the Queen's highways has been stolen. The theft occurred by way of legislation under the provincial statues, and has been upheld by government appointed (un-elected) court judges.
So far has the infringement gone, that provincial governments (and state governments in the US) have now used public land as a means of plunder by way of municipal bylaw, and provincial motor vehicle acts that "permit" the forcing of monies for the peaceful use of the highways.
The construction of roadways is, and always has been, adequately funded by land and/or gasoline taxes - (though oil companies should perhaps pay a tax from the oil). Those taxes were proportionally excised in relation to the actual cost of building and maintaining our roadways. However, today the government takes in more than FIVE TIMES the amount it needs to build and maintain our roads from GAS TAX ALONE. [Note: Crown never put forward any argument that parking fees were needed for road maintenance]
[Just as an example, in 1985 roadway construction and maintenance in BC cost approx 285 million, while gas tax revenue alone exceeded well over a billion dollars.]
Naturally, once a thief realises he/she can get away with their crimes and can absolve themselves from the penalty of law, there is no restraint on what other methods of plunder they incorporate into the statutes. They also increase the fees and taxes already instituted in slow regular intervals; often employing the use of propaganda in an attempt to "justify" their theft.
NOW PLEASE SEE FACTS PRESENTED AND OTHER PAGES.........
Then see how the city tried to 'play' the issue, and quash it at the starting gate.
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