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Caledonia - Federal Issue #1: Stand UP Against Two Tier Justice
Aug 13, 2006

The Conservatives have done a great job at claiming that the problems at Caledonia are a Provincial issue. We fully agree and this is the reason that to date we have not posted anything attacking the failure of the Federal Government. The Federal Government is correct to believe the Natives sold the land over a 100 years ago and that clear title was given to Henco.

Since private ownership is a provincial matter it stands to reason that any land claim in Caledonia is to be handled by the Provincial Government. The Province buying out Henco and therefore becoming one of seven land owners of the DCE area doesn't change the fact that it is a provincial matter.

The primary person responsible for Caledonia is Mr. McGuinty and remains Mr. McGuinty regardless of how many postings we do about the Federal Government. It is our view that the matter only becomes a Federal matter because McGuinty has clearly failed to act. The Ontario Attorney General has wilfully subverted the Rule of Law and encourage Two Tier Justice.

Ontario Two Tier Justice is a Federal Issue
Allow me to give an example that will show what I mean. Let's say that a province decided to publicly support the arrest of a group of people solely based on their skin colour. Let's say that it became acceptable policy for OPP to arrest only the blacks, not any whites, when criminal activities occurred.

Would such a situation be considered purely a provincial matter? The province controls the policing and the courts so maybe there would be a large percentage of the public who would believe that any given province has the authority to bring about such a biased system.

Federal Government is to Enforce the Constitution and Charter of Rights
The people of Caledonia, and Ipperwash, are faced with race profiling by the OPP. As soon as an OPP officer determines the person is a Native then he does nothing. If it is a resident then OPP are more than willing to make arrests and control the situation. Such wilful racism by the OPP and the Attorney General attacks the Rule of Law and thus Democracy. Judge Marshall has made this clear.

The Federal Government has the responibilty to ensure a single tier of justice exists for everyone. We have heard the Federal Government talk so much over the years about Two Tier Health Care - a provincial issue - and how the Federal Government will not allow such a thing. Now the Federal Government, under Harper, is silent about Two Tier Justice - where is the outcry by Federal MPs?

Section 15 (1) of the Charter of Rights states, "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

Clearly the residents of Caledonia are not receiving equal protection under the law.

Section 7 of the Charter of Rights states, "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

Clearly the residents of Caledonia are having their right to 'life, liberty and security of the person'' violated by the OPP.

OPP Oath of Office

I solemnly affirm that I will be loyal to Her Majesty the Queen and to Canada, and that I will uphold the Constitution of Canada and that I will, to the best of my ability, preserve the peace, prevent offences and discharge my other duties as a Commissioned Officer, faithfully, impartially and according to law.

Clearly the OPP are not preventing offences if those offences are being committed by Natives (race profiling). Clearly the OPP are not upholding the constitution or discharging their duties faithfully, impartially and in accordance to the law. Judge Marshall already ruled the discretion the OPP believe they have to only maintain the peace is wrong. The Judge has disagreed with the OPP lawyers and the Ontario Attorney General on this matter.

The time has come for Mr. Harper, who claimed during the election that he would uphold the Charter, to take action to ensure the Charter of Rights of the People of Caledonia, thus the People of Ontario, are upheld. He can no longer stand by and watch a police department, with the full support of the Ontario Government, enshrine Two Tier Justice.

Stand UP for Canada Mr. Harper
The Prime Minister either supports equality of Justice or he doesn't. He either accepts the authority of the Province to wilfully discriminate against it's citizens or he doesn't. The Prime Minister can either fulfill his responsibility to upheld the Charter or he can fail at his duty and fail the people of Canada.

The Citizens of Caledonia and the Citizens of Ipperwash are calling out to you Prime Minister Harper to Stand UP for Canada and the Charter of Rights.

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