Petition To Remove Race Laws In The Canadian Constitution, Which Gives Only One Race “Inherent Rights”.
PETITION TO THE HOUSE OF COMMONS:
WE, the undersigned citizens of Canada, draw the attention of the Government of Canada to the following:
THAT whereas the Indian Act and Section 91(24) of the Constitution Act, (1867) have divided Canadians by race and heritage;
have perpetuated the unequal treatment of Canadian Aboriginals, providing the legal framework for segregation via the reserve system;
have prevented reserve Aboriginals from equal provincial educational access;
have prevented reserve Aboriginals from having the full legal, economic and property rights and opportunities of other Canadian citizens;
AND whereas the inclusion of Sections 35 and 25 in the Constitution Act (1982) have divided Canadians by race and heritage;
have disrupted legal commercial and exploration activities;
have introduced legal uncertainty into property ownership;
have left some Canadians without proper police protection, as in Caledonia, Ont.;
and have left most Canadians with diminished rights with every expansion of ‘indigenous rights’ based on Section 35;
AND whereas the inclusion of “with particular attention to the circumstances of aboriginal offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46) has resulted in a two- tiered system of justice, wherein Canadians receive different legal outcomes, depending on their race/ethnic heritage;
AND whereas the United Nations “Declaration on the Rights of Indigenous Peoples” contains provisions that are fundamentally incompatible with Canada’s constitutional framework;
THEREFORE, your Petitioners call upon the Government of Canada to take the following actions:
THE passage of the repeal of the Indian Act;
THE passage of the removal of “with particular attention to the circumstances of aboriginal offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46);
THE removal of Canada’s signature from the United Nations “Declaration on the Rights of Indigenous Peoples”;
THE calling of a Constitutional conference, pursuant to Section 35.1 of the Constitution Amendment Proclamation (1983), leading to the repeal of Sections 35 and 25 of the Constitution Act (1982), and Section 91(24) of the Constitution Act (1867);
THE active encouragement of the provincial legislatures to do the same, or via provincial referenda; and the calling of a federal/provincial Constitutional conference to finalize these changes desired by the people of Canada, including setting a date for the final termination of Treaty and land claims submissions.
Petition Signed by the citizens of Canada Name & Address (city, province, postal code)
*Please note this part is for information purposes only and does not form any part of the Official Petition.
DOWNLOAD AND PRINT PETITION
*Note that the pages must be free of erasures and contain only original signatures and addresses written directly onto the front AND also the back of the petition page.
The request contained in the Petition to END RACE BASED LAW has been reviewed by Richard Bernier, Procedural Clerk and Clerk of Petitions, House of Commons, and found to meet the official requirements.
Names will not be used in any way other than for the purposes of this Petition conforming to the requirements of the Canadian Government, it is to be presented to the House of Commons.
Contact: endracebasedlawpetition@gmail.com for more info on where to send signed Petitions
ONLINE Petition to END RACE BASED LAW is not legal, as the printed and signed version is, but it’s worth signing anyway.
โHow The Aboriginal Industry Wins In Courtโ {September 16, 2015}:
โIn Indian treaty rights cases, the standards of evidence and logic are not what they are elsewhereโฆ In these trials by history (i.e, law office history), watching the highly-skilled, forceful attorneys at work serving the Indian cause was a thoroughly eye-opening experience. From them, I learned much about the selective use โ and suppression of โ historical and anthropological evidenceโฆโ
โDeconstructing The Aboriginal Industryโ (June 2, 2016):
โCanada spends billions on its native people, yet many aboriginals remain plagued by poverty, addiction and other social ills. Meanwhile, a handful of lawyers, Band leaders and chiefs prosper…โ
โWHY DOES IT GARNER SO MUCH FEARโฆ.?โ (Michele Tittler) {June 20, 2015}:
โAside from race laws in our constitution, the Indian Act needs to be abolished, and so many of the aboriginals feel the same way about it, so why are we not all doing this together? Them included.
“Why canโt we END RACE BASED LAW, abolish the Indian Act, and stop feeding the Indian Industry?โ
โWhat Happened To Legal Equality?โ (Gladue) {Apr.4, 2024}:
โIn attempting to cope with the high proportion of aboriginals in Canadian prisons, Parliament and our judicial leadership have unfortunately resorted to differential treatment based on race/heritage. It’s called ‘Gladue’, after the name of the Supreme Court case. The Court, instead of doing its duty and tossing out the discriminatory legislation, sided with ‘aboriginal exceptionalism’, and extended Segregation into court sentencing…โ
โON USING THE TERM โINDIANโโ (Peter Best) {June 20, 2015}:
โIndianโ is the precise, legal and denotative term for what is in fact a purely race-based legal category of persons in Canada. Itโs in the title of the โIndian Actโ and used throughout that statute. Itโs in the Constitution of our country, referring to that class of aboriginals who inhabit southern Canada. (The other two legally defined types of aboriginals in the Constitution are โInuitโ and โMetisโ.)
โIf the reader feels uncomfortable seeing and reading the word everywhere because it โsounds racistโ, then good! Thatโs the point โ it is inherently racist! And as such, itโs inherently wrong that itโs in our Constitution, statutes and court decisions.
โCanadaโs ultimate goal in this regard should be for us all to have no need or desire to have the word โIndianโ in our Constitution, in any of our statutes, or to be a meaningful legal term generally…โ
โWe can go on treating the Indians as having a special status. We can go on adding bricks of discrimination around the ghetto in which they live and at the same time, perhaps, helping them preserve certain cultural traits and certain ancestral rights. Or we can say youโre at a crossroad โ the time is now to decide whether the Indians will be a race apart in Canada or whether it will be Canadians of full status.โ
โWHY END RACE BASED LAW?โ (1969 White Paper) {June 20, 2015}:
โSpecial treatment has made of the Aboriginals a community disadvantaged and apart.
“Obviously, the course of history must be changed. The changes proposed recognize the simple reality that the separate legal status of Aboriginals, and the policies which have flowed from it, have kept the Aboriginal people apart from, and behind, other Canadians. The treatment resulting from their different status has often been worse, sometimes equal and occasionally better than that accorded to their fellow citizens.
“What matters is that it has been different.
“We can no longer perpetuate the separation of Canadians…โ