Forum Post: Letter Of Information Alleging Civil / Political / Human Rights Violations Against Child
Posted 12 years ago on March 31, 2012, 5:31 p.m. EST by TouchstoneCommittee
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Letter Of Information Alleging Civil / Political / Human Rights Violations Against Child
April 31, 2012 File : TC:RTLC:2012 : METL:BC:001
Elizabeth II and Canada Governor In Counsel British Columbia Lt Governor In Counsel Mary Ellen Turpel-Lafond / B.C.’s Representative for Children and Youth UN Security Council
Re “Girl denied justice due to costs, delays: Turpel-Lafond”; namely, CTV / VTC :
“ …A man charged with sexually and physically abusing his daughter avoided trial two years ago because police refused to spend $40,000 to translate and transcribe witness statements into English, a new report says …. A judge stayed all 13 charges against the man in 2010, ruling that police failure to translate key evidence had led to unnecessary court delays and denied the immigrant father of seven his right to a fair and timely trial…. B.C.’s Representative for Children and Youth Mary Ellen Turpel-Lafond, who issued a report on the case Thursday, criticized Crown prosecutors and police for denying the girl and her family access to justice…”
Elizabeth II, in 2006, you have refused by letter to this writer, to fund legal counsel for children in physical and emotional jeopardy due to alleged evident negligence of the state / Crown. Further, you were notified in our original Demand upon you for adequate legal counsel funding for the child, that in the event of your continued refusal, that we were authorized to proceed against you personally for civil damages [as provided for within international and domestic UK law], citing your absence of good or just cause in absence of evident fiduciary duty of care of wards / children. In particular, we noted your ability to pay; and, that we / Touchstone Committee would seek sanctions upon you and your assets via the UN Security Counsel. This original claim upon you was on behalf of indigenous Peoples of Turtle Island / Canada. This is a matter of unjust enrichment and fundamental human rights of the child.
Today, we announce upon you that Touchstone Committee is proceeding in this universal sense to the UN Security Council to seek declaratory support to proceed to the UN ICC Office of the Prosecutor to initiate an investigation regarding the state duty to adequately fund the child’s fundamental entitlement of competent legal counsel of choice, forthwith. The child of this case example, supra, is within a sovereign indigenous Peoples territory [HTG v. Canada at IACHR] currently militarily occupied by Elizabeth II without UN Security Council approval; and, contrary to UN Charter obligations.
Ralph Charles Goodwin
Chairperson, Touchstone Committee
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Canada's Truth and Reconciliation Interim Report Feb 24, 2012 : http://www.cbc.ca/news/canada/british-columbia/story/2012/02/24/bc-truth-reconciliation.html posted at CBC News
European Court on Human Rights / Rights of the CHILD : http://www.crin.org/resources/infoDetail.asp?ID=18061&flag=report
RIGHT TO LEGAL COUNSEL FUNDAMENTAL PRINCIPLES OF JUSTICE
Customary International Law : References : (1) Law Dictionary (2) see TC Research
STEPS : First : Consider Your Protection at WITHOUT PREJUDICE : When Endorsing anything - write This above your signature [also, see Cease & Desist]
ISSUES of SINISTER INTEREST and, note : In Forma Pauperis {Legal Dictionary}
In Order To Protect Your Child You Must Know How To Protect Yourself / YOUR RIGHT IN LAW & The ABSENCE OF SECURITY OF PERSON / The Presence of FEAR
RIGHT TO COUNSEL OF CHOICE : BALANCED RIGHT : Criminal Cases / USSC BLOG: Supreme Court of Canada / 32769 Gonzalez-Lopez: Right to Counsel of Choice : In U.S. v. Gonzalez-Lopez, No. 05-352 (June 26, 2006), the Supreme Court held that a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel is structural error, and automatically entitles him to reversal of his conviction. NOTE : The POOR and UNDEFENDED and CCC FEAR OF HARM / REASONABLE APPREHENSION / ADDENDUM
Principles Of Fundamental Justice : In Matters Civil / Criminal / Military [USA at GITMO : 2006] : see GENEVA CONVENTIONS and WAR CRIMES
FAIR TRIALS / Rules Of Natural Justice : ALWAYS APPLY FOR LEGAL AID FIRST : STATE FUNDED LEGAL COUNSEL : " The concept of "fundamental justice" is generally viewed as being synonymous with procedural fairness or natural justice. But, in the B.C. Motor Vehicle Reference (1985), the Supreme Court of Canada has gone beyond this narrow view and has held that Section 7 of the Charter prohibits substantive as well as procedural injustice in proceedings that may lead to deprivation of life, liberty or security of a person (Hogg, 1997: section 44.10(a)). Thus, proceedings under the IRPA that affect life, liberty and security of the persons concerned must presumably be both substantively and procedurally fair."
HISTORY OF RIGHT TO LEGAL COUNSEL
Section GLOBAL : Note : International HUMAN RIGHTS Law Group CANADA ICCLR : CBC / Canadian Bar Association : (2002) " It is apparent from reading these opinions that at present, Canada's policy makers do not have a clear constitutional obligation to ensure that Canadians can actually access our justice system to enforce their legal rights. While there is an implied right to legal aid in certain circumstances, the parameters of this right are cloudy. The good news is that our experts believe that the time is right for extending entitlement to legal aid – to cover more types of cases and to make more people eligible for publicly-funded legal representation.
While the opinions provide cause for optimism, the CBA's work in promoting greater access to justice through improved legal aid is certainly not complete.
Government leaders are faced with a choice. They can sit back and let our most vulnerable citizens struggle, likely for many years, to expand and establish meaningful legal rights by representing themselves or with the assistance of members of the legal profession committed to pro bono work and to legal aid, in spite of its hardships. This is a long hard road to travel, and in the meantime, most poorer Canadians will be out of luck. The other path, the path we believe it is incumbent upon our leaders to take, is to accept responsibility now for clarifying and expanding the right of all Canadians to the legal representation they need.
This Report will ground the CBA's commitment to relentlessly urge all governments to do the right thing by taking leadership roles and pursuing the second path – the path of genuine access to justice.
Yours, Daphne Dumont, Q.C. Past-President"
NOTE : In Canada
IMMIGRATION : "It is clear from comments made by the great majority of refugee claimants and service providers who were interviewed for this study that they believe availability of publicly funded legal aid for refugee claimants who cannot afford to retain counsel on their own is critical to maintaining a fair refugee determination process[58] . These respondents appeared to view the situation faced by refugee claimants as similar to that which applied in the New Brunswick (Minister of Health and Community Services) v. G.(J.) case, decided by the Supreme Court in 1999. In that case, the Court held that a fair hearing could not take place if the mother did not have legal representation. Since she did not have the financial means to hire counsel, the Court concluded that, under Section 7 of the Charter, she had a right to state-funded legal counsel." MILITARY COURT : INDEX :
CASE LAW : CANADA : Supreme Court Decisions : New Brunswick (1999) USA : Gideo versus Wainwright : (1963) : GIDEON v. WAINWRIGHT : Case Review : Full TEXT ENGLAND : INTERNATONAL COURT OF JUSTICE : ICJ : EUROPEAN COURT OF HUMAN RIGHTS : ECHR : INTER-AMERICAN COMMISSION ON HUMAN RIGHTS : IACHR : Lawyers Rights Watch Canada [Amicus Curiae re HTG] R. v. Clark - CASE 618 [Gustafsen Lake Trials] [Native Web Info] [Canadian Encyclopedia] [B.C.C.A. Case Law] [Public Record] [Bruce Clark as Counsel Submission to S.C.C.] [Native Web Commentary on Clark Contempt Trial] RESEARCH at TC UN War Crimes Tribunal The Firm OVEREVIEW : To Be Completed In Addendum In Submission To The UN Before July 1st, 2011 : UNWCTe2TC : E2 Insufficient Equity : Understanding Indigenous : Right To Legal Counsel In Civil Cases : Scholarly Paper : Research (2): International Law : AIREY v. IRELAND : International Convention On Civil And Political Rights : RIGHT TO COUNSEL : Why Bother With Treaty ??
NOTE : ECGOCSQ = a commencement for international support at institutions such as G20 and the UN (Legal Search Central)
Military Rule Law Of Occupation UN Charter International Law Human Rights Convention On The Rights Of The Child and Declaration On The Rights Of Indigenous Peoples : DEFINITION : 1907 : Hostile Occupation (occupation laws) : International Criminal Court (Legal Tools)
Editorial Note :
Aboriginal Peoples were not enfranchised to vote in the formation of provinces or the confederation of Canada; and, were not enfranchised to vote until 1960. See also, History of Colonization in Canada : including Terra Nullius : Inter Caetera and Romanus Pontifex ; and, the Supremacy Acts (1534) and (1559) CSQQN UPDATES
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