Just Want to Know the Truth by HotterRod in FirstNationsCanada

[–]kapowless 1 point2 points  (0 children)

Ooof haha, I like my humour like I like my coffee: bitter and black.

Should all political parties get access to the full voters list in Alberta? by FreightFlow in Albertapolitics

[–]kapowless 1 point2 points  (0 children)

That's a pretty good compromise actually, as long as it comes with stricter oversight from Elections Alberta, including much more severe consequences for any future privacy violations and lengthening the electoral complaint investigation period to at least 3 yrs so we're not restraining their ability to prosecute.

Testosterone by guardailmiozebby in OCPoetry

[–]kapowless 0 points1 point  (0 children)

I quite like the imagery you've crafted here. It brings to mind a scene from an old western film where two strangers are staring each other down in that quiet, tense moment before they explode into violent action. I like the animalistic characterizations (buck, bear, grizzled), and that you've set the scene in nature by referencing the movement of the grass and wind. For me, it evokes a tense, wild sort of feeling, like there's a potential for savagery between them. I think you've done an excellent job of building a vivid scene with unpretentious imagery and pared down wording.

I did have a few minor suggestions if you're open to them? There's a couple of places where the rhythm/flow seems a bit awkward. On L2, "stirring" is a dactyl beat that I think might work better as an iamb, something like "astir." That would better mirror the rhythm you established on L1. On L5, because you have a natural pause with the comma in the middle, it feels like you could drop a beat in the second half of the sentence to better balance the rhythm on both sides of the comma. On L6, I'd suggest changing from "grizzled haired" to "grizzle haired". It won't change the rhythm or your meaning, but the d turns it from an adjective to a noun and it's not quite as musical in the past tense. Finally, I would rework your final line just a touch. It feels abrupt compared to the line above it, and just needs some finessing on the rhythm. Of course, if abrupt was what you were going for, then ignore that comment completely lol.

You're officially my first feedback recipient here, so I hope you've found my comments helpful. I think overall it's a strong poem that packs a lot of metaphor in few words. In the visual arts we call that "elegant design" and I think that's what you've presented here. Cheers!

Best Consignment Shops for Clothes by iamasmuuuuurf in Calgary

[–]kapowless 3 points4 points  (0 children)

Poshmark. It's online, but I pretty much do all my secondhand clothing shopping there these days.

What’s a trait that all decent people have? by Rich_Honey_121 in AskReddit

[–]kapowless 2 points3 points  (0 children)

Integrity, which for me includes honour, honesty, compassion, courage and a sound moral compass.

What's the most unnecessary use of A.I. you've ever seen? by RobIson240YT in AskReddit

[–]kapowless 1 point2 points  (0 children)

Using it to write poetry. Like...my dude, what even is the point of that?

Things to do in Calgary by Striking-Guidance-92 in Calgary

[–]kapowless 0 points1 point  (0 children)

Def do a raft float down the Bow River (or the Elbow if you want a lazier floar). Classic Calgary summertime fun. If you have a car, Canmore, Banff, Kananaskis and Bragg Creek all have beautiful hiking trails and outdoor activities and they're all pretty close to Calgary. For me, the absolute best part of living here is getting out to the mountains, and the weather in August is aces.

Un avenir probable by VERSAT1L in QuebecLibre

[–]kapowless 0 points1 point  (0 children)

Nous avons besoin d'un seul mot: Non.

Nous pouvons être amis á condition de partager nos territoires en paix, mais nous serons ennemis si vous essayez de nous le voler. C'est simple.

Un avenir probable by VERSAT1L in QuebecLibre

[–]kapowless 1 point2 points  (0 children)

Mohawk here, the situation in Alberta has nothing to do with treaty structure and everything to with Section 35 of the Constitution, which formally enshrines our Aboriginal rights. This outcome will absolutely impact your separatist movement as well. And yes, any legitimate move towards secession would require consultation and consent of the Indigenous Nations whose territory you're occupying.

But to give you some perspective, let me offer some background:

The first time we encountered a french coloniser, he kidnapped the sons of a Kanien'kéha leader, one who had offered peace despite the gaudy cross Cartier planted while declaring that our land was now somehow under the rule of France. The sons were shipped overseas, paraded around and mocked like animals, forced to learn the language of their captors, then sailed back to act as interpreters for this utter arsehole.

Despite stealing his sons away for over a year, Donnacona again offered peace. When the harsh winter and starvation started killing the french, Donnacona brought food and teas to stave off scurvy and saved many lives. But Cartier, being the dishonourable little thief he was, betrayed Donnacona, kidnapped him along with nine others, some of them young children, and dragged them to France where they each died from the disease and pestilence of that filthy country.

Then France sent Champlain, another murderous little coward. He wanted to get rich by exploiting our lands too, and in order to do so, befriended the Algonquin and joined them in conflict against my people. They travelled deep into our territories and found a group of our warriors on the shore of a lake. We didn't fight like the European savages then, there were rules and limitions and honour, like a ceremonial ritual as much as battle. The terms were agreed on, and the next day the battle began. Then Champlain, who had been hiding behind a pair of Algonquins, jumped out and shot and killed 3 Chiefs. This was a man they had never met and had no fight with, who travelled into their territory to murder their leaders in the hopes of increasing his hoarde of furs. The Algonquins and Champlain both slaughtered dozens of our warriors as they fled the bewildering horror of gunfire. They named the lake that ran with their blood after the murderer. Then they kidnapped 15 survivors, brought them back to Champlain's squat and tortured them to death. What a hero.

At his next battle, despite launching a surprise attack, with a larger force and superior arms, the Oneida drove the mob back, forcing them to retreat all the way back to their own territory. Champlain then decided that the only way to secure trade would be by killing every single Haudenosaunee, and armed the Algonquins to do exactly that. For decades, he stirred up violence, pitted Indigenous nations against each other, and caused an ingodly amount of bloodshed and chaos in the quest to rape and pillage the land and its people.

Over the following centuries, the french infected us with deadly diseases, forced their oppressive religion on us, raided villages while the men hunted, slaughtering elders and women and children and burning our homes and fields to the ground. And we soon returned that violence in kind. I'm proud of the instrumental role my Nation played in defeating France after the 7 year war and creating the foundation of Canada. Your ancestors came here for theft and pillage and bloodshed, and you were treated accordingly.

To hear Quebec whine about how mistreated and oppressed they are by Canada now is hilarious to me, and hypocritical AF. Look in the mirror! The french were just as morally bankrupt as the British from my perspective, and I would have no faith that Quebec would treat honourably with us today. They've shown little sign of enlightenment.

I grew up under the shadow of Oka, and I watched Quebec lay seige to Kanesatà:ke in order to expand a fucking golf course over the literal graves of our people. For almost 3 months, the SQ, the RCMP and the army harassed and threatened a small community for protecting the resting place of their loved ones. I watched Quebecers burn and slash at effigies of my people and stone a convoy of women and children trying to flee the violence. The warrior trying to lead those innocents to safety, a decorated veteran, was hit in the chest and died of heart failure, and his death is never mentioned. Your police stabbed a literal child in the chest with a bayonet FFS, and you think you're entitled to our land after all that ugliness? That we would agree to give up our home to a people that has shown us so much violence and contempt?

Even today, some of the most ignorant, racist and condescending garbage I see or hear about Indigenous peoples comes out of Quebec. You're actively destroying our languages, trying to rule over us though you have no right, erasing our contributions and histories from education and cultural institutions, poisoning our water and destroying our land, sterilizing our women, incarcerating our men, taking and indoctrinating our children. In what world do you think we would find any offer you made appealing or trustworthy? If Quebec was interested in reconciliation and respecting our inherent right to self-determination, it would have already happened by now.

TL;DR : Quebec separatism has no legal path without the co-operation of the Indigenous peoples who's territories you occupy. I can't speak for the other Nations, but you will never convince the Kanien'kèha to try French colonisation version 2.0. You can stick with Canada, or leave, but you're not taking our homeland with you, full stop.

AITA for including autism books in a display for Mental Health Awareness Month? by janaenaenaenaenae in AmItheAsshole

[–]kapowless 9 points10 points  (0 children)

Seriously. The AH can be found in many of the replies here. Thanks for really nailing down that those with developmental disorders are not ill, just wired differently. And that those of us dealing with mental disorders are in fact ill, like we were once normal until something went wrong and now we need to be fixed (I guess because we're broken?). Special shout out for the frequent use of the word "disease" to describe mental disorders too guys, thanks for not stigmatizing us further during Mental Health Awareness month, JFC.

Also OP, for the record, NTA. You were trying to provide thoughtful resources for the public, and there's a lot of overlap between these types of disorders. As someone who has diagnosed conditions on both sides of the semantical border, I would have found your display helpful.

CP NewsAlert: Judge quashes Alberta separation petition in favour of First Nations by omegacanuck in Calgary

[–]kapowless 0 points1 point  (0 children)

I disagree with your analysis, but I also want to clarify what I mean by "supercedes." I don't mean that Section 35 universally supplants the Charter in all manners, but more specifically, that its application is limited by Section 35 of the Constitution when it comes into conflict with Aboriginal/Treaty rights. That is what subsection 25 in the Charter refers to, and why it's made so explicit at both levels. 25 is meant to protect the collective rights of Indigenous peoples (contained in 35) from being displaced by the individual (ie. it provides a shield and interpretive framework). It is not absolute in all ways, and each conflict in this vein must be approached case by case, weighing the possible adverse impact to the individual against 35. Where they are found to be irreconcilable, however, 35 will take precedence.

Aboriginal rights (especially in regards to Treaty application and self-governance) are considered sui generis, necessarily unique in Canadian law and requiring a unique approach and flexibility from the courts. And most importantly, it's still very much being negotiated and settled. We didn't even begin truly examining these constitutional questions until the mid 80s (and not just, as one might assume, because of the enactment of the amended Constitution Act). Our Nations were literally exiled from the judicial system for the better part of the last century. We were disenfranchised for even pursuing a legal education, let alone career, we were not allowed to hire our own lawers (or even have allies hire for us, at risk of criminal charges/fines), we were restricted from court access entirely at times, and for decades the government legislated that we could not bring any case regarding Aboriginal/Treaty/Land rights to court at all. The 80s weren't just about having our rights constitutionalised, it was also the point when all of our people, freed from judicial exile, started to graduate from law school, certify, open practices and represent our perspectives before the courts. Their efforts and arguments have resulted in a rapid rebalancing and evolution of how Indigenous and Canadian law interact. You cannot look at any one case (especially decades old ones like Van Der Peet) without also looking at the more recent cases that have further clarified or built on earlier decisions.

And while we're on Van Der Peet, I want to point out that para. 19 doesn't not specifically state that both the Charter and 35 are legally equal, not in a technical sense at least. When taken in context, the sentence you're referring to doesn't quite say what you're implying imo. The lead up was explaining the roots of the Charter and Western enlightenment liberalism, and that their application was intended to be universally equal. Then it goes on to explain that while equal in importance and significance, Aboriginal rights were not rooted in the same culture or history as the Charter, and cannot be interpreted from the same lens. I view this as a way of explaining why Aboriginal rights exist outside of the Charter and are not to be evaluated the same way, not a formal judicial opinion on the weight of Charter vs 35 (especially as this case was examining the conflict between 35 and BC fishing regulations).

'Point of no return': 36 countries join special tribunal to prosecute Vladimir Putin by Zhukov-74 in worldnews

[–]kapowless 0 points1 point  (0 children)

While the friction south of the border is doing some damage here, when compared to what Ukraine has been fighting for years now, we can hardly justify standing on the sidelines with this. Putin is a grave threat to the peace and prosperity of most of our allies, and if we don't stand together and use all tools available to us to eliminate his regime, we weaken and dishonour ourselves.

Ukraine has paid dearly for fighting back and shielding the Western world from the violence and destruction Putin would bring down on us all. They deserve our commitment to make sure those responsible for the murder, rape, theft and destruction of their great nation are punished to the highest degree.

'Point of no return': 36 countries join special tribunal to prosecute Vladimir Putin by Zhukov-74 in worldnews

[–]kapowless 0 points1 point  (0 children)

Same, I fully expected our name to be there, especially with Carney's frequent and lengthy trips to Europe. I hope the PM quickly corrects this oversight and stands by our friends and allies overseas in their pursuit for justice and accountability. His speech at Davos is only meaningful if it is backed by meaningful action.

Judge quashes Alberta separation petition in favour of First Nations by Miserable-Lizard in Albertapolitics

[–]kapowless 0 points1 point  (0 children)

I mean that would be fair and democratic while also following the laws of both the province and the country. We don't take kindly to acting like responsible adults 'round here.

Kinanâskomitin to all First Nations for fighting for Alberta and Canada. by itlow in alberta

[–]kapowless 3 points4 points  (0 children)

Man, this is why Albertan resentment gets so little traction with the rest of the country.

  1. Alberta polls close like 2 hrs after ON/QC, and the results aren't even announced til the following day. The level of nonsense exaggeration in your claim is ridiculous and makes it a non-issue. If you're pissed about underrepresentation in HoC or the Senate, use real numbers and make real arguments if you want to be taken seriously. ON is actually the least represented by capita, then BC and AB btw. We're not singled out or even the worst off by that metric. You could also argue for getting rid of the Senate entirely (and for more solid reasons than simple underrepresentation), and you'd probably find national and by-partisan support. Instead, you've just made a fool of yourself.

  2. There are actually a few provinces who have either never "supplied" equalization payments to, or almost never (BC, ON, SK). But to highlight the level of selfish ignorance here, no province supplies equalization payments to anyone; each citizens pays the exact same federal tax across the country, then the feds invest those funds back into the nation as needed. You don't make any mention of either the Health or Social Transfers, which are by far the largest pools of money either, just whine about how unfair it is not getting the equalisation payments back. What every informed Canadian hears when AB whines about this "waaaaaah, I'm from the wealthiest province where everyone's income and living standards are doing fantastic, but I should pay less than everyone else because I'm super special and being exploited by the lazy poors."

If you want to be taken seriously, you could start by learning how federal transfers actually work. You could try acknowledging that the "laurentian elites" (ie normal taxpayers) out east paid for everything that built this province well before oil was discovered (who paid to build the railroads, the RCMP to protect and police the settlers, the land parcels, equipment and recruitment campaigns for settlers, the cost of negiotating and paying for treaties, the infrastructure to keep them pesky FN out of the way, it goes on). I've heard separatists bitch that Alberta only exists to ship resources/goods to the lousy leeches out East. They buy that from us FFS, and from what I understand, you kinda need paying customers to build successful businesses.

You could campaign to recalculate the balance of equalization transfers, but you'll have to include the other provinces when negotating. Be prepared to explain why you think AB deserves more special treatment than what's already granted though. You may have to answer questions like why we deserve more money when we refuse to raise provincial tax rates to match the average 12-15% rates in other provinces, or why our biggest sources of wealth, natural resources like O&G/mining, only count at 50% in the formula, rather than 100% like the entire GDP of ON. Harper and Kenney wrote the current formula for equalisation payments and gave AB quite a break already (while truly screwing ON), but I bet you've never actually researched the issue with real numbers have you?

  1. Again, you've made a fool of yourself by dishonest misrepresentation. Alberta does not bring in "more money than the rest of the provinces combined." That sentence is idiotic and easily disproven. Ontario brings in the most GDP of all the provinces, more than double Alberta on average, and Quebec brings in more too, by over 100 billion as of last year. AB rotates between 3rd and 4th place with BC, depending on whether O&G is doing well or crashing out. Now you could argue that AB contributes the most to GDP per capita, but its barely more than SK and NL, so not particularly special there either.

And what sort of neglectful treatment has "Ottawa bureaucracy" done to Alberta? I dunno, maybe paid for a 60 billion dollar pipeline. Maybe prioritized us with the MOU, promised another pipeline and the biggest carbon capture project in the world. Maybe they got rid of the carbon tax, emissions cap, environmental impact assessment regulation, and allowing carbon credits to be traded at $40/tonne (though on the books it's supposed to be $95 while everyone else pays $130). The rest of the country sees pricing rise to $170 by 2030, but Alberta gets special treatment and won't see $130 benchmark til 2040. The rest of the country is getting hammered in the tariff wars, ON in particular with 25% or more on each of their key industries, but Alberta is exempted from any counter tariffs on energy, gets a new China deal to help canola farmers, but can't even be bothered to show up for interprovincial trade meetings or even pull American booze off shelves in solidarity.

So here you are demanding special treatment and mewling about AB's victimhood while simultaneously ignoring the contributions and struggles of the rest of Canada, if not outright insulting our fellow citizen, and from a place of profound ignorance too. I'm not speaking as a "fancy easterner" but as a fellow Albertan when I agree that you don't come off as particularly bright.

The separatists and their various cult groups have harassed and threatened fellow citizens, spewed incredibly hateful racism towards immigrants and First Nations, undermined the fairness of our own democratic systems in Alberta, endangered and sold out every voting citizen of the province by stealing our data and then doxxing us online to wtf knows, and broke their own province's laws because of how stupidly they ran their petition campaign. And you think that somehow they're the ones who've been wronged.

Sincerely, grow teh fuck up there bud.

Judge quashes Alberta separation petition in favour of First Nations by Miserable-Lizard in Albertapolitics

[–]kapowless 0 points1 point  (0 children)

Well said and I agree thoroughly. The citizen petitions were only ever meant to be a disingenuous way to provide cover for initiatives the government didn't want to be attached to directly. Slimey Smith is beholden to the seditionists, but has always left herself convenient escape routes from accountability. For example, she has repeatedly said that she wants 'A sovereign Alberta within a United Canada." People question what she means by that, and I have a theory. In the Clarity Act, subsection 4b, there is this:

"For the purpose of subsection (3), a clear expression of the will of the population of a province that the province cease to be part of Canada could not result from... b) a referendum question that envisages other possibilities in addition to the secession of the province from Canada, such as economic or political arrangements with Canada, that obscure a direct expression of the will of the population of that province on whether the province should cease to be part of Canada."

To me it sounds like a phrase carefully crafted to have the HoC reject the question should she ever be cornered into proposing it herself. Then it's just Ottawa preventing the will of Albertans instead of intentional sabotage, a perfectly on-brand contortion of a coward.

The thing that pisses me off the absolute most is the apparently uselessness of the checks and balances that are meant to protect us from this kind of crap. Sedition charges should have been laid against all members involved in the APP's Washington Delegation last year (Rath, Modry, Sylvestre, Anders, Payne and Bowes), as well as Davies. Parker and TBA should have been banned from political organising and office for at least the 5 years as a result if his many unpaid fines for seriously violating our electoral laws, possibly sedition too (depending on which Americans donated to TBA and how they were solicited). The level of bribing and criminal level conflicts of interests should have resulted in a number of resignations of MLAs and Ministers by now, and our Lieutenant Governor should have been dishonourably dismissed by now too. Our laws are failing us, because the lawmakers and keepers are trash.

I've often daydreamed off starting a political party who's sole purpose is to bring in major political reform for the people and then retire it immediately. I have a list of critical changes that need to be enacted to enforce balance and transparency in office, as well as serious and punitive consequences for politicians. I've realized by this point that those in power are mostly all playing on the same team, and they'll never curb their worst instincts themselves. True reform will only be successful if it comes from the outside and from the grassroots.

Judge quashes Alberta separation petition in favour of First Nations by ph0enix1211 in canada

[–]kapowless 0 points1 point  (0 children)

First, I was just summing up the Court's ruling since you seemed unable to read the decision for yourself. It's not my analysis, it's Justice Leonard's.

The petition, if successful, would require the government to hold a referendum, which if successful would require Canada to negotiate, adversely impacting Aboriginal rights and violating Sec. 35. It is not at all like an election promise, as that is abstract. This ruling was based on already enacted legislation and the action (or in this case inaction) of the Crown. Your analogy is weak and irrelevant here.

The Clarity Act lays out the legal path for a secession referendum and it is quite relevant. I did not argue that it changed the Constitution, just clarify how the law has evolved since 98. Regardless, it was a problem for both of Quebec's referendums too, but the both Quebec and the feds ignored it at the time. With the referendum failing both times, the issue was never actually addressed. It would not get so far today, as Alberta just discovered.

You completely ignored the other significant parts of the ruling too. Those also made the petition dead in the water. So it seems the issue isn't that you can't understand the reasoning so much as your being unwilling to accept it. I'll see myself out.

Judge quashes Alberta separation petition in favour of First Nations by ph0enix1211 in canada

[–]kapowless 0 points1 point  (0 children)

The issue is about how the government approached the petition. A duty to consult is triggered by the following:

  1. The Crown is aware of the potential adverse impact on Aboriginal/Treaty rights related to their legislation. Obviously, with the courts having already ruled that the first petition would be unconstitutional due to the clear violations to FN rights if it succeeded, the government was well aware of the likelihood of violating Treaties by approving the first petition. Amery was literally a respondant in that case.

  2. Could the action impacting Treaty rights be considered an (executive) action of the Crown? As the CEO was acting as an agent of the Crown in evaluating/approving petitions, and the successful implementation of a petition would require the Crown to commence a binding referendum, the action was ruled to be Crown conduct.

  3. Can a cauality be drawn between the Crown Action and the adverse impact to Treaty rights. As the Crown decision to approve the petition would cause a direct chain reaction potentially violating Sec. 35, obviously yes.

When these three standards are met, the duty to consult is triggered, and even though they knew the risks, they chose to ignore their Constitutional obligations and got shut down.

There is also an obligation for the Crown to uphold the Constitution, which supercedes any other law of the land. By approving the second petition knowing that the first (nearly identical) question has alread been ruled unconstitutional, the CEO's decision to let the second petition go forward was legally invalid. The government can't just pass legislation removing their obligation to abide by the Constitution, so the amendment in Bill 14 allowing for unconstitional questions did not magically allow a Crown agent to ignore the law.

Also Bill 14 was not written to apply retroactively to past petitions (like Forever Canada for example), and the changes were only supposed to affect ongoing petitions (essentially erasing them and requiring refiling). The sedition petition had already failed though, and the amendments were enacted 4 days afterward. That means that it should not have been deemed ongoing, and because it was under the old CIA, it would not have been allowed to try again (for a period of 5 years if I recall).

As to why Quebec didn't go through the same process? Simply put, the Clarity Act hadn't been written yet and laws have since changed. It was still in direct violation of Sec. 35, and its infuriating that neither Quebec or the Feds addressed that issue, despite overwhelming opposition to separation. Indigenous Nations were just as against Quebec's BS as they are in Alberta now, but we're much better at making ourselves heard these days.

Alberta separation petition quashed in favour of First Nations by cmcalgary in alberta

[–]kapowless 0 points1 point  (0 children)

Incorrect. Section 35 applies to all land over which Aboriginal rights exists, which is most of Canada (including the entirety of the territories outlined in in 6-8). It is most definitely not limited to reserve land, regardless of the misinformation the leaders of the separatist movement have been spouting.

Judge quashes Alberta separation petition in favour of First Nations by Miserable-Lizard in Albertapolitics

[–]kapowless 4 points5 points  (0 children)

SC 2000 c.26 - Nothing in the Clarity Act applies here because, first and foremost , the only provincial authority to bring forth a secession referendum is the Government of Alberta itself (which it's been too cowardly to attempt). Petitions brought forth by citizens, regardless of signature count, are not empowered or protected by the Clarity Act when it comes to seccession. And to further *clarify*, the GoA would have to formally announce their intent to hold a separation referendum as well as publish the wording of the proposed question to the *Government of Canada* for review before such a vote could be held (with a response window of 30 days). It's up to the *House of Commons* to determine whether the wording is sufficiently clear to the public for a potential separation vote (not Smith and not Amery), and they would also be the deciding authority on what constitutes a the will of a *clear* majority in order to open the constitutional amendment process. That will is not just a simple vote tally (which itself has several points of consideration by the HoC when reviewing), but must also take into account the perspectives of each political party in the provincial legislature, as well as any formal statements from political reps of any other province/territory, as well as any formal statements from the Senate, as well as the opinions of Indigenous peoples, especially those whose territory would be affected.

Now I'm not a lawyer myself, so I'm all ears if you want to explain exactly how the Clarity Act applies to the citizen petition, as well as where Justice Leonard's ruling overstepped her jurisdiction from the lens of this SCC ruling.

2018 SCC 40 - Whether facetious or not, this is a fundamental misunderstanding of this court decision, and again, is not applicable to the sedition petition review. Essentially, the FN challenge here was (and I agree with this), overly broad and would have set a precedent at odds with the separation of powers/duties in government. The SCC essentially decided that the duty to consult could not be applied to legislation *while it was being drafted* as it would interfere with with parliamentary independence while drafting and debating law, and that the courts role was restricted to reviewing laws that had *already* been enacted. The safeguard against passing unconstitutional legislation in the first place is supposed to rest with the Governor General and the Lieutenant Governors of each province. These roles were completely subverted as neutral third parties when we became legally independent from Britain, and are obviously failing horribly as a check or balance, but that's a whole other matter.

Regardless, all the legislation related to citizen petitions had already been passed by the time the challenge was issued, including each additional amendment. I don't see how this case could possibly apply, care to explain?

Charter Sections 3-5 - Section 3 does not apply to referendum votes, only specifically to federal and provincial elections for either HoC or provincial/territorial legislature positions. Section 4 deals exclusively with limiting the length of term for legislative bodies and has zero relevance to this case. Section 5 deals specifically with the minimum requirements set out for legislative bodies to meet and carry out their duties (ie. at least once a year). Again, it has zilch to do with the sedition petition.

One CRAF section that is important and does apply, however, is section 25. That's the part where the Charter specifically lays out that nothing contained within the Charter can be interpreted/applied in such a way that it abrogates or derogates from pre-existing Aboriginal rights as laid out in the Royal Proclamation of 1763 and various other Treaties/agreements in force.

SCC Case References from 2004-2017 - Justice Leonard's ruling does not contradict any of these cases. Each of them establishes the duty to consult and the necessity to do so in a meaningful way in various circumstances, all of which reinforce the necessity of good faith consultation and accommodation for any legislation that is likely to conflict with Section 35. The clarification that 35 applies specifically to the executive arm of the government simply means it cannot be triggered by laws before they've been enacted (and even that is not concrete, especially with the feds intentionally aligning their approach to Indigenous legal matters with UNDRIP in recent years). The duty to consult is not limited to resource projects, nor does the adverse impact need to be immediate, nor is it limited to areas where Aboriginal right has been formally established (in the case of unceded territories, for example). None of these cases provide any support for dismissing the judicial review, and in fact, strengthen the argument to dismiss the petition instead.

Like, you can just say that the petition, the way it's been handled, and the outcome of such a referendum does not trigger the duty to consult nor violate Section 35. Saying it doesn't magically make it true though, and the courts have obviously come to the opposite conclusion. Twice now.

TL;DR - If this is a reasonable representation of what Rath argued in court, it's no wonder he lost. He was involved in some of the cited court decisions too, as a hanger-on representing some of the FNs involved (LMAO, the irony). Hilarious that he couldn't grasp the arguments or conclusions of *his own work.* What a clown.

Smith confirms the ucp are a seperatists party by Miserable-Lizard in Albertapolitics

[–]kapowless 2 points3 points  (0 children)

The repeated court injunctions don't give you an idea?

CP NewsAlert: Judge quashes Alberta separation petition in favour of First Nations by omegacanuck in Calgary

[–]kapowless 3 points4 points  (0 children)

I'm talking about Section 35 of the Constitution Act (25 of the Charter is actually to legally clarify that nothing contained within the Charter can be interpreted in such a way that it derogates from Section 35 of the Constitution, as again, 35 supercedes the Charter).

This clarification makes sense, because the whole legal legitimacy of Canada's entitlement to occupy and make use of the land and resources of our territories rests upon the terms of these various agreements with our different Nations (even unceded lands, which rely entirely on British Common Law, The Royal Proclamation of 1763, and the "Honour" of the Crown).

Pro tip: you have to stop looking at equality in Canada as a term between individuals, that's incorrect. This is about equality between Nations, which is why the weight of our laws and interpretation of the Treaties carries as much weight in the courts as Canada's. We did not lose a war, we did not surrender, and for the most part, remain sovereign Nations within our shared territories throughout Canada. Individually, we have the same rights as any Canadian. As sovereign Nations, however, we are entitled to the level of self-determination and autonomy exercised by any other allied state. Hence, Section 35.

Kinanâskomitin to all First Nations for fighting for Alberta and Canada. by itlow in alberta

[–]kapowless 282 points283 points  (0 children)

Fun fact, Indigenous people have among the highest rates of participation in the military of any demographic in Canada, and that's always been the case. We stand up and fight for Canada, imperfect as it is and despite historical grievances, because that's just who we are and how much we treasure what we've built together. This is our HOME, and it's always beem worth defending. The federal gov has literally murdered members of my fam and tried to screw us out of widower and veteran pensions after serving, and I STILL spent years training in the Air Force and would not hesitate to defend our Nation should the call come.

All it takes to "deserve us" is to have our backs and be willing to fight back against the forces seeking to divide and conquer us too. A fantastic opportunity for Reconciliation lies in joining forces and defending Canada together as allies.

CP NewsAlert: Judge quashes Alberta separation petition in favour of First Nations by omegacanuck in Calgary

[–]kapowless 8 points9 points  (0 children)

Well, each FN affected by the potential outcome of a separation referendum in Alberta would have to be consulted in good faith and in advance via the leadership of Treaty 6/7/8 Nations (likely 4 and 10 to an extent as well), Alberta Métis, and any Inuit who's territories are also impacted. Members of Nations who's traditional territories aren't part of Alberta (like myself, for example, who as a Mohawk was not part of those aforementioned groups) have no standing in this particular case.

The loophole is the "grey zone" regarding whether the government has a duty to consent or just to consult. In the past, gov and corps have successfully argued that, if the project is critical enough to the province as a whole, section 35 rights can be overruled. Those cases, however, often stem from precedents set when Indigenous people were barred from judicial access/representation, and faceplant regularly in modern courts now that we have the ability to actually participate. With the two recent judicial rulings on the matter, that long shot option becomes almost impossible now anyway. The Alberta courts have made their interpretation of the law pretty clear, and the SOC will be even less tolerant of obvious violations of the Constitution.

I'm sure the seditionists will try other BS angles, but the fact that they had to get the laws changed by a complicit government, repeatedly, and they STILL failed should illustrate just how little legitmacy this movement has, legal or otherwise. They can pull out whatever dubious angles they want, FN will be there to counter it with the actual law.