Crown applies to have case dismissed, hearing on Fri. 17 Oct.

As outlined in previous posts below, I recently filed my case about section 3 Charter voting rights, the aim of which is to give voters in Canada the uninterrupted right to choose who makes their laws. This, as ISS members know from experience, allows voters to make more informed decisions and to always feel enfranchised in the political process through their representative.

The Attorney General has filed to have my case thrown out of court, with three reasons given for doing so.

  1. The Attorney General refers to my case by what is referred to in Canada as an “Organized Pseudolegal Commercial Argument” (“OPCA”) litigation (find details of the case of Meads v Meads in the Alberta Court of Queen’s Bench here), which is a common form of claim to being exempt from governance by the Crown for a variety of reasons. Precedents have been set and followed in Canada for OPCA litigants to have their proceedings dismissed.
  2. The Attorney General claims that the section 3 Charter right to vote may be justifiably denied for up to 5 years because section 4(1) of the Charter states that a legislative assembly cannot continue longer than 5 years without a new election being called.
  3. The Attorney General claims that I filed the wrong form of proceedings.  I filed a petition, and the Attorney General claims that this sort of proceeding should have been filed as a civil claim.

I have filed my response to these claims in the court and served them on the Attorney General.  The hearing date is Friday October 17 at 9:45.  Any One interested in attending is welcome.  The New Westminster Supreme Court is located at 651 Carnarvon St.

Here is a summary of my answers to these claims:

  1. Unlike OPCA litigants, I have not claimed to be able to opt out of laws, as not only do I still have laws, the ones made by the ISS, but also, if the Crown’s laws were made in a way that did not deny section 3 rights for periods of time, I would not dispute having those laws imposed upon me. I have only made my petition based on denials of the rights that the Constitution of Canada claims are not only guaranteed but enforceable by the courts.
  2. If one assumes that it is impossible to provide the right to vote at all without denying it for periods of time, then it would make sense to have a maximum time limit on how long a legislative assembly can continue before another election is required. Since the Attorney General cannot cite any usage of the interactive electoral system prior to the Interactive Sovereign Society, it seems that they are assuming that it is impossible to provide the right to vote without denying it for periods of time. However, the ISS’s demonstration of an interactive electoral system, showing that it is possible for the right to vote never to be denied, may render the need for a maximum time limit obsolete. So, setting a maximum time limit based on an assumption that it is impossible to make this right constantly available does not mean it is justifiable to deny this right when it is indeed possible not to.
  3. The Supreme Court Civil Rules state that a petition must be filed when there is no person against whom relief is sought. I seek no relief against any person. I only seek a declaratory order of the rights and freedoms that the Constitution claims I am guaranteed, therefore a petition is the appropriate proceeding. This particular claim by the Crown may be either an intimidation tactic or simply an indication that they still don’t fully grasp the implications of my allegations.

For a bit more detail about what will be addressed in the hearing, find a fuller description of the points above and an exposition of the order I am asking the court to make and the laws in question here.

Reply from the honourable Libby Davies to the ISS Secretary

I recently wrote to Libby Davies to inform her that the BC Deputy Attorney General has been served with my case, which will be in BC Supreme Court in coming months.  I feel that because she is one of the most progressive politicians in Canada, not only will she be more in tune with seeing the benefits of an interactive electoral system, but also the system will be more supportive of the kind of politics she represents.

Libby Davies is the Canadian Member of Parliament for the federal constituency of Vancouver East.  She is the deputy leader of the New Democratic Party (NDP) of Canada since 2007 and the official opposition critic to the Conservative Federal Minister of Health.  She is now serving her 6th term of office in Parliament after first being elected in 1997.  Previous to that she was elected five times to Vancouver City Council, since 1982.  Her policies and focusses are presented extensively on www.libbydavies.ca.

In Libby’s letter, she reminds us of the NDP’s policy that proportional representation (PR) is more fair to Canadians than the first past the post system presently in use.  Some ISS members might feel that the interactive electoral system (IES) is even more fair than PR.  Some might actually prefer PR but are participating in IES for personal observation and evaluation.  The point is that the existence of the ISS can provide significant leverage to the NDP in its push for PR, with apologies to ISS members that do not agree that PR is an improvement over first past the post (just in case there are any).

Please read the letter recently sent to Libby Davies by the ISS Secretary, and also read Libby’s highly appreciated response, here.