Tag Archives: Supreme Court of Canada

‘What Happened To Legal Equality?’


Justice isn’t blind in Canada, it’s racist.

In 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 a 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:

Continue reading ‘What Happened To Legal Equality?’

‘The Illegal Lobster Fishery Is Back’


In 2020, the Sipekne’katik ‘First Nation’ {a ‘nation’ of 2,893 people, formerly known as the Shubenacadie Band} issued lobster licences, saying they could sell their catch outside the federally-regulated season.”

This time, in court:

“Three years after a ‘First Nation’ {Aboriginal tribe} started a self-regulated lobster fishery that sparked protests and violence in Nova Scotia, federal prosecutors are pressing ahead with charges against dozens of ‘Indigenous’ {sic} ‘fishers’ {sic}, some of whom are planning constitutional challenges. 

Continue reading ‘The Illegal Lobster Fishery Is Back’

‘Race Based Court Decisions Damaging Economy’


“What has happened to ‘Trans Mountain’ is not surprising. This is the third time in 12 years that the Federal Court has blocked a major pipeline proposal on grounds of ‘insufficient consultation’ {with only aboriginal Bands, NOT the rest of Canadians}, following the Mackenzie Valley natural-gas pipeline in 2006 and the Northern Gateway oil pipeline in 2016. In each case, the proposal was backed by many ‘First Nations’ {aboriginal} and Métis {mixed race} organizations, but a small number of ‘First Nations’ (six, in the case of Trans Mountain) were able to get a court to rule that some phase of ‘consultation’ had been inadequate. 

Continue reading ‘Race Based Court Decisions Damaging Economy’

‘Residential School Lawyer Appointed to Supreme Court’


The newest Prime Ministerial appointment to the unaccountable Supreme Court of Canada was an architect of the ‘no-fault’, billion-dollar Residential Schools rewards program (“Under our system, attendance based on government records triggered automatic compensation, without making ‘survivors’ explain or prove their personal victimization”)

“The ‘Liberal’ government’s Supreme Court nominee says her experience as a lawyer working on the residential-school settlement taught her about the importance of ‘reconciliation’ and the responsibility of those in power to learn about the lives of others… Continue reading ‘Residential School Lawyer Appointed to Supreme Court’

‘Surprise, Surprise: Sanity Prevails’


“A landmark decision released…by Canada’s top court paves the way for development of the ‘Jumbo Glacier’ resort in the Kootenays region of British Columbia, despite strong objections from the Ktunaxa ‘Nation’. 

“The ‘nation’ was fighting the approval of a ski resort in an area held ‘sacred’ to them and had argued that allowing the mega-project ‘Jumbo Glacier Resort’ to go ahead would irreparably harm their spiritual beliefs and practices — a violation of their charter right to religious freedom.
{For the background, see below…}

“The ruling came out before the sun came up over the Ktunaxa ‘Nation’ on Thursday morning, located more than 3,000 kilometres away from the Supreme Court of Canada, in southeastern B.C.. Continue reading ‘Surprise, Surprise: Sanity Prevails’

The Folly Of ‘Gladue’


“Media reports have described Christine Mequish as “among the most dangerous women in the country”, a convicted killer with a record that includes 25 violent crimes since 1984. Last April, following an armed robbery conviction in La Tuque, Que., the 58-year-old was declared a dangerous offender — just the fourth Canadian woman ever designated as such. ERBLTheFollyOfGladue800x800

But while noting her “brutal behaviour” and the likelihood that she will again cause “death, serious abuse or serious psychological harm to other people”, the sentencing judge stopped short of ordering the indeterminate sentence requested by the Crown.

The reason for the lighter sentence: Mequish is an aboriginal Continue reading The Folly Of ‘Gladue’

‘Bad For Democracy’


“Nine people — unelected people — apparently have the power to determine “what’s best for Canadian society”. With no reference to “the law”.

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“What high Canadian official do you suppose recently said the following words:

“My job is simply to listen to what the parties have to say, and to do my best to understand the position, the ramifications of deciding one way or the other, to think about what’s best for Canadian society on this particular problem that’s before us, and give it my best judgment … ”

“Important work indeed. Sounds like a legislator. Perhaps a member of Parliament, a cabinet member, maybe even the Prime Minister? Continue reading ‘Bad For Democracy’

‘Undermining Public Safety’


Here’s a classic example of how RACE BASED LAW works to everyone’s detriment…ERBLUnderminingPublicSafety800x800

“Last Saturday night, Darrell Moosomin walked away from prison.

“Classified as a dangerous offender, the 54-year-old had been serving an indeterminate sentence in a minimum-security ‘First Nations’ Healing Lodge in central Alberta. Over the weekend, he was granted permission to attend a powwow ceremony under the supervision of an elder.

“He was reported missing at 8:45 p.m. that night…” Continue reading ‘Undermining Public Safety’

‘Dealing With Dysfunction’


Instead of accommodating race laws, it would be far better for everyone if industry would release statements to the Canadian people on the ridiculousness of this system, and the limited economic future that awaits Canada if we continue down this path.

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The ‘Consult and Accommodate’ dictum is nothing but structural racism and it is historically and legally unjust, based on erroneous rulings from a Supreme Court that puts the earnings of the legal profession ahead of the welfare and future of Canada. It forces companies to deal with {‘bribe’} numerous Band councils, the majority of which are, at worst, dysfunctional, and at best, simply corrupt.

Both the Chief in the story below, and the Supreme Court, need a quick refresher course on the Treaties {in this case, the ‘James Bay Treaty’}, which they – and you – can find immediately after this news story:  Continue reading ‘Dealing With Dysfunction’

‘Who Owns British Columbia?’


“We, the {1,381} Musqueam people openly and publicly declare and affirm {to the 3 million people of the Vancouver Lower Mainland} that we hold aboriginal title to {your} land and ‘aboriginal rights’ to exercise use of {your} land, the sea and fresh waters, and all their resources within that territory occupied and used by our ancestors…”
http://www.musqueam.bc.ca/sites/default/files/musqueam_declaration.pdf

“Vancouver city council formally acknowledged on June 25, 2014 that the land on which the city is built actually belongs to three local ‘First Nations’.

“But landowners shouldn’t worry, according to Mayor Gregor Robertson.” ERBLWhoOwnsBritishColumbia800x800Rather than accept the Mayor’s assurances, we at END RACE BASED LAW would like to ask: what exactly does “aboriginal title” mean? Does the city support this ‘First Nations’ definition:

“We are the true owners of British Columbia. The Indians across the province own everything — the rivers, the trees, the bugs, the animals. You name it. Subsurface rights, the air, the rain, the whole shot. That’s what we mean when we say we have aboriginal title to the land.”

Continue reading ‘Who Owns British Columbia?’