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Rights And Freedoms Within The Just Society
Without Prejudice : Not Legal Advice; Nor, A Directive To Legal Counsel. Political Commentaries Only : Errors And Omissions Excepted

In Truth We Trust Since Time Began

Civilized Society Struggles Throughout The Ages To Secure Fundamental Rights

Freedoms Prevail Jointly With Duties Of Care

Domestic Example : Charter Of Rights And Freedoms : Canada Nation

"The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society"

Within This Canada Constitution There Resides Civil And Criminal Issues Of Law. And, The Three Principal Levels Of Government Are Duty Bound To Execute All Decisions And Actions (Or, In Declining Certain Actions Of Presumed Duty) Within The Framework Of This Canada Constitution And Its Associate, Entrenched Parameters : Those Ignoble "Four Corners" - That Arise Within The Prescribed Rules Of Natural Justice - Including, In CanadaQuasi-Judicial Administrative Tribunals

In Matters Of "Social Disadvantage; Social Condition; Social Origin" Only 5 Provinces & Territories Provide Human Rights Tribunal Jurisdiction : I.E., MB - NB - NF - QC - NWT.

Example : BC : Administrative Tribunals Act Residential Tenancy Rights In British Columbia

In Addition, In Matters Of Indigenous Peoples (Inuit - Metis - First Nations) The SCT (Specific Claims Tribunal) Conducts Assessment Of Claims; With Other Authoritative Bodies Such As The Human Rights Tribunal - Or - Provincial Human Rights Tribunals. (Overview)

In Consequence Of Developing A Vibrant Economic Community Within This Canada Nation, There Occurs Both Private And Public Creatures - Institutions, Companies, Foundations : For Profit And Charitable Bodies Of Commerce And Civility.

The Canada Charter Of Rights And Freedoms (CCRF) Further Details That "The Constitution is the supreme law of Canada; all other laws must be consistent with the rules set out in it. If they are not, they may not be valid. Since the Charter is part of the Constitution, it is the most important law we have in Canada. ----- However, the rights and freedoms in the Charter are not absolute. They can be limited to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or child pornography. Section 1 of the Charter says that Charter rights can be limited by law so long as those limits can be shown to be reasonable in a free and democratic society."

Section 7 - Life, liberty and Security of Person

7. "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.

Section 7 guarantees the life, liberty and personal security of all Canadians. It also requires that governments respect the basic principles of justice whenever they intrude on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost."

Hence, This Matter Of Security Of Person Arises In Matters Of The Citizen And The State Disputes Or Interpretations In Decision-Making Of Civil Issues; Perhaps, The Landlord And Tenant Relationship.

In Canada Common Law, These Civil Matters Inherit The United Kingdom Civil Courts Decisions; And, Periodically, Include References To Other Democratic Realms; In Particular, Those With Parliamentary Legislatures.

Thus, There Are Certain "Uniform Codes" / Laws Within Canada ( I.E., Divorce Law And Building Codes - Noting That Quebec Adopts Certain Laws That Are Not Necessarily In Compliance With These Uniformity Provisions); And; Additionally, Each Province  And Territory Retain Certain Exemptive Privileges Within The Constitution (1982)  - The "Not Withstanding Clause" And The Division Of Powers Within The Constitution.

It Is An Onerous, Expensive Task For An Individual Citizen To Strike Forward To Examine Canadian Law As It Might Apply To A Specific Issue.

In This Matter Of The Landlord And Tenant Relationship There Presides The Matter Of Government Revenues As Developed Through Taxation. And, Thus, There Resides Within These Corridors Of "Security Of Person" The Obvious Fundamental Bias That Prevails Within Governance - That Delicate Balance Of "Voter Confidence".

Government Respects Public Opinion. And, Therefore, There Are Boards Established (I.E., Human Rights Tribunals / Residential Tenancy Boards) That Seek To Provide Decisions That Are Mentored Through Canada's Internal Laws; As Well As, The Nation's Acceptance (Royal Assent) Of International Laws, Customs; Conventions; And, Doctrines.

Canada Is A Constitutional Monarchy; With Queen Elizabeth II Installed As Head Of State; Bearing Obligations Through Her Coronation Oath Of Investiture In 1953. This Oath Undertaking Was, Likewise The Same Oath That United Kingdom Queen Victoria Presided With When She Gave Royal Assent To That 1867 BNA Act (British North America Act).

Elizabeth II Is Compelled - As Head Of State - To Perform Her Duties Through Her Governor General / Lieutenants Generals And Legislatures. Breaching Her Oath Is Recognized As An Error In Law - Even Within The Concept That, Being The Sole Source Of Law; That (In Theory) She Can Do No Wrong (I.E., The State Is Absolute In Law). There Does Exist Certain Notations In Law Named Mistake Of Law & Ignorance Of Law.

Fortunately, The Law Is A Living, Breathing Creature; Called Common Law; Which Endeavours To Wrestle With The Constant Tug Between The Past And The Present : And, Thus, Future Considerations Are Not Relevant.

Therefore, Within This World Or Commerce, Where The Objective In Business Is To Be Profitable; Government Does Prescribe Certain Parameters Of Reason. In Finance; The Law Prohibits Exorbitant Interest Rates Upon Loans.

And, Certain Provinces And Territories Have Established Rental Increase Limits - Primarily, In Consideration Of Basic Housing Needs And Availability Of Affordable Housing .... The Voter Incidence : Re-Election With The Democratic Process ( Upon Which Winston Churchill Pronounced Certain Distinct Witticisms). Additionally, There Are The Foreboding Topics Of "Renovictions".

The Public Employee Undertakes Certain Oaths Of Office (As Do Elected Officials) To Comply With Established Law. There Are Defined Duties Of Care. The Absence Of Political Considerations Are Considered As Being Foreign To Decision-Making. Fairness Within The Available Law Presides.

And, Within These Contexts, The Landlord And The Tenant Jointly Struggle To Survive - Without - Resorting To Court.

The Canadian Encyclopaedia Notes : "Within the last 20 years statutory reforms have greatly redefined the obligations of both landlords and tenants, but they have been primarily concerned with residential leases and have not greatly altered the existing law respecting commercial leases. They have tended to enhance the legal position of the tenant, and many new tenant rights cannot be altered by a contrary provision in the lease. In some provinces, the protections and advantages accorded to tenants by these reforms have been extended to boarders, lodgers and others who have not acquired exclusive possession of premises."

Perhaps, It Is Within Reasonableness, That There Will Arise A Uniform Landlord And Tenant Act In Canada.

Without Prejudice : Not Legal Advice; Nor, A Directive To Legal Counsel. Political Commentaries Only : Errors And Omissions Excepted


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