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the Universal Declaration of Human
Rights
preamble whereas recognition of the
imperative and of the equal and in a
legal rights of all members of the human
family is the foundation of freedom
justice and peace in the world whereas
disregard and contempt for human rights
have resulted in barbarous acts which
have outraged the conscience of mankind
and the advent of a world in which human
beings shall enjoy freedom of speech and
belief and freedom from fear and want
has been proclaimed as the highest
aspiration of the common people whereas
it is essential if man is not to be
compelled to have recourse as a last
resort to rebellion against tyranny and
oppression that human rights should be
protected by the rule of law whereas it
is essential to promote the development
of friendly relations between nations
whereas the people of the United Nations
have in the Charter reaffirm their faith
and fundamental human rights in the
dignity and worth of the human person
and in the equality equal rights of men
and women and have determined to promote
social progress and better standards of
life in a larger freedom whereas member
states have pledged themselves to
achieve in cooperation with the United
Nations the promotion of universal
respect and for the observance of human
rights and fundamental freedoms whereas
a common understanding of these rights
and freedoms is of the greatest
important
greatest for the full realization of
this pledge now therefore the General
Assembly procrit proclaims this
Universal Declaration of Human Rights as
a common standard of achievement for all
peoples and all nations to the end that
every individual and every organ of
society keeping this declaration
constantly in mind shall strive by
teaching and educating to promote
respect for those rights and freedoms
and by the progressive measures national
and international to secure their
Universal and effective recognition and
observance both among the peoples of the
member states themselves and among the
peoples of territories under their
jurisdiction
the Canadian Charter of Human Rights and
Freedoms whereas Canada is founded upon
principles that recognize that recognize
the supremacy of God and the rule of law
the Canadian Charter of Rights and
Freedoms guarantee of Rights and
Freedoms article 1 article 1 the
Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set
out in it subject only to the such
reasonable limits prescribed by law as
can be demonstrably justified in a free
and democratic society
so this is the Canadian Charter of
Rights and Freedoms now the first thing
that we have to note is that the
Canadian Charter of Rights and Freedoms
it does not mention human like the
Universal Declaration of Human Rights
and Freedoms there's no distinction in
the title of this chart Charter than it
is for humans it's just mentioning that
in Canada there are certain rights and
freedoms and this Charter will teach you
what the rights and freedoms are now if
it does not mention human we have to
understand who tis a charter apply to or
what does it other apply to so we ask
the question who does this charter apply
to them when we look into the Charter
and we begin to read all the articles of
the Charter we are going to see objects
and four subjects subjects declaring who
the Charter applies to now there are
three different subjects that we find in
the Charter we find on everyone we find
a citizen and we find a person now all
three of these subjects they are each a
designation under law when you mention
the word everyone it entitles a certain
designation when you mention the word
citizen it entitles a certain
designation when you mention the word
person it entitles a certain designation
and each one of these subjects have
different obligations and different
duties within Canada and to the Charter
itself or to the laws of canada
themselves
Canadian Charter of
and freedoms article 3 every citizen of
Canada Canadian Charter of Rights and
Freedoms article 23 citizens of Canada
some particle to citizens of Canada
sub-article 3 the right of citizens of
Canada Canadian Charter of Rights and
Freedoms article 7 everyone has the
right to life article 8 everyone has the
right to be secure article 9 everyone
has the right not to be arbitrarily
article 10 everyone has the right
Canadian Charter of Rights and Freedoms
article 11 any person person in the
Canadian Charter of Rights and Freedoms
the first subject that we see an
operation is talking about and everyone
it uses the term everyone now that term
is all inclusive it can mean each one of
all each one hope constituting one or a
group a hope so if you look at it like
that if we say that in Canada every
citizen belongs as a group so one
citizen makes up a group of citizens so
everyone all citizens if you look and
say in Canada there are legal persons if
you say I would have a legal person or
you would have a legal person and each
one of those legal persons they make up
a group of legal persons that are in
operation here in Canada now that will
take care of two subjects the citizen
and the person now in everyone there's
also another subject in operation
there's also another designation that
can be taken and I left it at ? because
hopefully it clicked and you got it that
that designation is one of a human
which is recognized under their charters
and in law and that human is one of all
humans that human race and that is the
most important designation Blacklands
fixes person see artificial person
deruta k'lon see artificial person
teristic person see artificial person
legal person see artificial person moral
person see artificial person black law's
artificial person an entity such as a
corporation created by law and given
certain legal rights and duties of a
human being a being real or imaginary
who for the purpose of legal reasoning
is treated more or less as a human being
some more or less and given certain
rights the Canadian Charter of Rights
and Freedoms the first subject out we're
going to deal with this person person
and obviously hopefully by now you know
that that refers to a juridical
personality which means an artificial
person it's something that's created by
law it's created through paperwork or
through a recognition giving it
recognition and it's given certain
rights and duties of a human being but
it's not recognized as a human being
under law so it's considered a legal
person it can also be considered
everyone in the Charter because everyone
refers to a group or a group of people
or one of the group so there's a whole
bunch of legal persons in Canada that
form a group therefore they can be
considered everyone in the Charter but
when they're considered everyone in the
Charter they are limited in the
operations of their freedoms of
expressions and rights through the laws
they won't be able to express their
freedom that the other subject who
belongs to everyone who you will see
shortly will would be able to express so
this person here is stripped of human
rights and is controlled by regulations
so it's not able to express the person
when a human is able to express now a
human is also one of a group of humans
so when I say that everyone is
controlled in a limited way through its
legal person if you're operating in the
subject of the legal person but the
human who can also be everyone in the
Charter he's not limited by the
regulations and they can't apply those
statutes and regulations to control and
limit this designation black law's
citizen a person who by either birth or
naturalization is a member of a
political community for when you say you
are a citizen of Canada you are saying
you're a member of a political community
owing allegiance to the community so you
have an obligation to the political
party the monarchy and being entitled to
enjoy all its civil rights and freedoms
from the second object or subject that
we see in operation in the Canadian
Charter of Rights and Freedoms is a
citizen there's a term there that says
citizen now as soon as you mentioned the
word citizen what you're referring to as
a subject of the Queen someone who's
pledged allegiance to the Queen's
political party and to the monarchy
itself and someone who is saying that
you are my ruler and I will follow you
and I am serving you serving you as I
said they are legions to the Queen and
they are in servitude for the Queen all
the benefits and the rights that they
get
the citizen is given to them from the
Queen through her government but inter
in turn you are considered to be a
servant and therefore you are in
servitude while you get the picture so
in servitude fundamental freedoms
Canadian Charter of freedoms everyone
has the following fundamental freedoms
freedom of conscience and religion
freedom of thought belief opinion and
expression including freedom of the
press and other media of communication
freedom of peaceful assembly and freedom
of association article 1 of the
Universal Declaration of Human Rights
and Freedoms all human beings all are
born free and equal in dignity and
rights they are endowed with reason and
conscience and should act towards one
another in a spirit of brotherhood
so in the Canadian Charter of Rights and
Freedoms articles to its target states
that everyone has the freedom of
association now when we look at everyone
remember here that everyone means a
human working at it from the capacity of
it being a human being we say everyone
to us means a human being so if everyone
has the freedom of association then that
means that we have the right to choose
or not to choose if we want to serve
Canada or reap our net Canada and in the
systems that they've created so in the
Universal Declaration of Human Rights
article for it states that no one shall
be held in servitude so the human the
human because the Universal Declaration
states that no one can no human can be
held in servitude when it come to the
Canadian Charter of Rights and Freedoms
when they're speaking about the human
under the designation of everyone Canada
affords them the option or the freedom
to associate them supposed to because it
says that d everyone has the freedom of
association so that intrinsic right the
intrinsic right that's attached to us as
a human in the universal charter that
says we cannot be held in servitude is
expressed in the Canadian Charter for
everyone that he has freedom of
association but it's not expressed for
the person and it's not expressed for a
citizen because the person and the
citizen is under obligations because
they were stripped of the freedoms that
the human has Universal Declaration of
Human Rights and Freedoms article for no
one shall be held in slavery or
servitude slavery and the slave trade
shall be prohibited in all their forms
so in the Canadian Charter of Rights and
Freedoms the everyone is granted the
freedom of association now freedom of
association notice that word freedom
forget about the rest are now just the
word freedom or freedom we talked about
this a lot we are born free we should be
free this is not right what's going on
well they use the word freedom of
association because they know that this
is a situation about us being free or
not being free and it says that freedom
is a fundamental it's an intrinsic right
it's an inalienable right that your
human being possesses so we look at it
and say it's fundamental and intrinsic
freedom and the human he always has the
right to be free the human always and
that's why you'll see it again expressed
in the universal charter of declaration
of human rights and freedoms that as a
last resort that man human is entitled
to rebellion so that he can be free from
a system that refuses to let him go so
this is something you have to accept and
realize that in all states and in all
places you are free you have freedom it
is something that belongs to you and no
one can encroach on that freedom and no
one is supposed to encroach on that
freedom and if they do there is remedy
in law in the systems that they've
created whereas it is essential if man
is not to be compelled to have recourse
as a last resort to rebellion against
tyranny and oppression that human rights
should be protected by the rule of law
Canadian Charter of Rights and freedom
states that everyone has the right to
life and liberty and the security of the
person and not to be deprived they're up
except by the fundamental operation of
the principles of justice so what
they're saying is that you can be
stripped and deprived of all these
rights through an operation of law and
that's exactly what they do your rights
that are attached to you as a human as a
man or woman are stripped from you
through your legal person and your legal
person is not alive in law as we know so
under law now you stand not alive not
with liberty and not with the security
of your personal for more information
about the security of the person you're
going to have to watch the patrimony
video series to continue on so article 7
of the Charter says that you have life
and you have the right to it you have
liberty and you have the right to it
except if it's been stripped away from
you by an operation of law which it has
been Canadian Charter of Rights and
Freedoms article 7 8 and 9 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 everyone has the right to be
secure against unreasonable search and
seizure everyone has the right not to be
arbitrarily detained or imprisoned
Canadian Charter of Rights and Freedoms
articles eight nine and ten they all
start with everyone and it talks about
what this everyone what this human is
guaranteed it speaks about his intrinsic
rights it's being expressed herein these
articles now that combines with the
Universal Declaration of Human Rights
and Freedoms article 8 when you see in
you go and read there it's expressing
their rights for the human to be free to
have freedom from being strictly have
law imposed upon them so everyone in the
Canadian Charter of Rights and Freedoms
have been has been afforded some extra
liberties and some extra rights that you
see so they are sort of trying to
recognize the human in operation within
the Charter however the full expression
of the human rights are still not in
operation of this charter that's why you
have to jump into article 26 the
Canadian Charter of Rights and Freedoms
article 26 the guarantee in this charter
of certain rights certain rights and
freedoms shall not be constructed as
denying the existence of any other
rights or freedoms that exist in canada
so canada was institutional in creating
the Universal Declaration of Human
Rights they had a big part in it and
they did sign on to that charter so
Canada recognizes those rights that are
given to you to your human being in the
Universal Declaration of Human Rights
that's why when you look in the Canadian
Charter of Rights and Freedoms you find
an article 26 6 it says the certain
rights that are given to you in the
Canadian Charter it does not remove any
other right or freedoms that exists in
Canada so they are recognizing the fact
that there are other rights that exist
in Canada that are apart and outside of
the Charter and those rights and those
freedoms are granted to you through the
Universal Declaration of Rights and
Freedoms you find some of them expressed
within the Canadian Charter of Rights
and Freedoms but not all of them and the
ones that you need to go and seek relief
from you can find them in the Universal
Declaration of Charter of Rights and
Freedoms
