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Constitutional Inequity, Lacking Rights and Freedoms?
By Kenneth T. Tellis
Jul 28, 2008 - 12:01:14 PM

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What country can have a Constitution and a Charter of Rights and Freedoms which a judge can interpret to mean that ALL citizens are NOT equal before and under the law?

Every day the Surete du Québec Police (provincial police) and other police forces in the province of Quebec issue traffic tickets which are totally in Joual (French patois) to English-speaking drivers not only from the province of Quebec, but also from other English-speaking provinces.  The tickets are recognized by the federal and other provincial governments of Canada as being legal even though they are in direct violation of the Canadian Constitution and the Charter of Rights and Freedoms.

An English-speaking driver in Quebec cannot demand a ticket in English and is forced by both the federal and provincial governments to pay the fine regardless of the fact that there is ENGLISH on the traffic ticket.  Years ago a Catholic priest from Quebec was issued a traffic ticket for speeding in Saskatchewan; the ticket was in English only. The québécois priest demanded the ticket be in Joual (French patois), and won his case. Quebec law which violates the Canadian Constitution treats English-speaking Canadian citizens as inferiors and politicians in Ottawa and other provinces collude with Quebec in this travesty of justice. Under Quebec law one is not permitted by judges to CHALLENGE a traffic ticket which is issued in Joual (French patois) only. But circumstances lead me to think that judges in English-speaking provinces are being reached by political hacks and told to drop charges on traffic tickets issued to Joualophones in English only.

Gilles Caron a Joualophone truck driver from Quebec who has been pleading his cause in Alberta courts since 2006, received a favourable ruling from a Provincial Court judge recently. In 2003, Caron received a $54.00 Traffic Ticket for making an unsafe left turn. He proceeded to ask for a Joual hearing, but was denied under the Languages Act (1) that revoked these rights in Alberta. The judge found the law unconstitutional and Caron was cleared of the traffic violation and received $91,000 for his efforts. This case was about challenging the constitutional validity of Alberta's language laws, which abolished all Joual language rights. From 1977 people have taken the Quebec Government to court on similar issues that involved the English-language and judges in Quebec have thrown out the case on the grounds that Quebec's Languages Laws are legal.  Why should the province Alberta be held to a different standard than Quebec in respect of its LANGUAGE LAWS?

As for the Federation des communautés francophones et acadienne du Canada, claim that the Caron decision is a step in the right direction for minority language rights in the country, whereas this organization has continually supported only Joulophone language rights and was always in support of Quebec's Bill 101, which outlawed English. So they have their own agenda, and justice for all is certainly not one of them.

So it's quite clear that behind the scenes there are Canadian politicians who are attempting to create a two-tiered system of citizenship. Canada is thus a country in which Joualophones are first class citizens, while all other Canadians are considered second class citizens. But that has been quite apparent since the Pierre-Elliott Trudeau era of 1968, and has been slowly engulfing Canada with this hidden form of APARTHEID.

But there is more to this than meets the eye.  Those politicians, who support this Constitutional form of inequity, keep calling those in the English-speaking Canada who are fighting for their Constitutional guarantees and those accorded under the Charter of Rights and Freedoms trouble-makers, because they demand equal justice under the law.

Perhaps, I will end this treatise with some words of wisdom by none other than Thomas Paine the American patriot from England:

"The principle of an equality of rights is clear and simple. Every man can understand it, and it is by understanding his rights that he learns his duties; for where the rights of men are equal, every man must finally see the necessity of the protecting the rights of others as the most effectual security for his own."

Kenneth T. Tellis
Mississauga, Ontario


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