Tuesday 24 June 2014

PLAIN LANGUAGE DECLARATION REGARDING BRITISH COLUMBIA EDUCATION TREATIES 2014

Editorial Update : June 26, 2014 : Tsilhqot'in v British Columbia : Prior Free & Imformed Consent  [IX.        Conclusion : [153]   I would allow the appeal and grant a declaration of Aboriginal title over the area at issue, as requested by the Tsilhqot’in.  I further declare that British Columbia breached its duty to consult owed to the Tsilhqot’in through its land use planning and forestry authorizations.]
Without Prejudice : Respect / Siem'stum
PUBLIC MANDAMUS NOTICE

As Jointly Submitted to All Concerned Parties
Including, But Not Limited To The Union Of BC Indian Chiefs

The Canada Constitution Defines Public Education To Be A Provincial Jurisdiction
Whereas access to education is a fundamental principle in a free and democratic society; and, that "public education" is deemed to be for the purpose of preparing children and youth to enter adult life with reasonable expectation of successful participation in the wide opportunities and responsibilities that shall exist in this general public sphere. And, further, in Canada, there is considerable debate regarding education in "First Nations" territories. Therefore, all public education service contracts & / or treaties shall only be conducted through the tripartite network of indigenous Peoples leadership of the territories, the public union and Crown government of the region or province.

TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
ON THE MERITS OF THE PETITION
OF THE HUL’QUMI’NUM TREATY GROUP
Case No. 12.734
BRIEF OF
LAWYERS’ RIGHTS WATCH CANADA AS AMICUS CURIAE
[2. LRWC submits this brief in support of the Hul‘qumi‘num Treaty Group‘s (HTG) petition to the Inter-American Commission because of the past and present unequal and discriminatory treatment of the Hul‘qumi‘num people‘s right to property and the right to effective judicial protection and remedies for violations (i.e. access to justice).
3. The focus of this amicus curiae brief is on Canada‘s failure to comply with its obligation under domestic and international human rights law to ensure the rights of Hul‘qumi‘num people to equality before and under the law, to equal protection and equal benefit of the law without discrimination and to ensure timely access to effective remedies for the violations and denials of those rights. This brief supplements the HTG‘s Observations on the Merits of the Case dated January 22, 2010 (HTG Observations)]
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CANADA CONSTITUTION ACT 1982 : "Education
s93 In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:
  • (1) 
    Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union;
  • (2) 
    All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen’s Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen’s Protestant and Roman Catholic Subjects in Quebec;
  • (3) 
    Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen’s Subjects in relation to Education;
(4) 
In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. (50)"