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DecaLogos denounces Ontario’s Public Works Protection Act

DecaLogos International has taken a position contrary to Ontario’s Public Works Protection Act as a gross violation of Human Rights and a procedure which violates the general standards of civil society and the rule of law as recognized within the international community.

Specifically, DecaLogos notes that the Public Works Protection Act, as applied in emergency and non-emergency situations, is violative on the following grounds:

• the enforcement of the act is arbitrary and capricious;
• the enforcement of the act does not provide for due process;
• the act destroys the presumption of innocence;
• the act tramples the right to speak freely;
• the act tramples the right to freely associate;
• the act tramples the right to address the government with grievances;
• the act tramples the right to Habeas Corpus;
• the act tramples the right to confront your accusers;
• the act tramples the right to cross-examine testimony;
• the act tramples the rules of evidence in determing the veracity of the evidence presented;
• the act tramples the sovereignty of Ontario and Canada, providing for the arbitrary employment of law enforcement personnel, without regard to citizenship or residency.

Ontario’s Public Works Protection Act is a weapon of tyranny in violation of Canada’s Charter of Rights, and of internationally recognized Human and Civil Rights.  The Act should be immediately repealed, and the Province should be enjoined from using or enforcing the Act under any circumstances.

See http://www.youtube.com/watch?v=1kZwps4CPwc

Definitions

1.In this Act,

“guard” means a guard appointed under this Act; (“gardien”)

“highway” means a common or public highway or a part thereof, and includes any street, bridge and any other structure incidental thereto and any part thereof; (“voie publique”)

“public work” includes,

(a) any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work, owned, operated or carried on by the Government of Ontario or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprises,

(b) any provincial and any municipal public building, and

(c) any other building, place or work designated a public work by the Lieutenant Governor in Council. (“ouvrage public”) R.S.O. 1990, c. P.55, s. 1.

Guards, appointment

2.(1)For the purpose of protecting a public work, guards may be appointed by,

(a) the Solicitor General;

(b) the Commissioner of the Ontario Provincial Police Force;

(c) any inspector of the Ontario Provincial Police Force;

(d) the head or deputy head of the municipal council or the chief of police of the municipality in which the public work is located, or the person acting in the place or stead of the head or deputy head;

(e) the chair or other person who is the head of a board, commission or other body owning or having charge of the public work, or the person acting in the place or stead of the chair or other person.

Powers of guard

(2)Every person appointed as a guard under this section has for the purposes of this Act the powers of a peace officer.

Duties of guard

(3)Subject to the regulations and to any special direction of the Solicitor General or the Commissioner of the Ontario Provincial Police Force, every guard shall obey all directions of the person appointing him or her, any inspector of the Ontario Provincial Police Force, the chief of police of the municipality in which is located the public work that he or she is protecting, and the person who is in charge of the protecting of the public work.

Breach of duty of guard

(4)Every guard who,

(a) neglects or refuses to obey a direction that he or she is required to obey under subsection (3);

(b) fails in any manner to carry out his or her duties as guard;

(c) leaves the location to which he or she is assigned as guard or ceases to act as guard without leave of any of the persons mentioned in subsection (3); or

(d) otherwise conducts himself or herself in a manner not consistent with his or her duties as guard,

is guilty of an offence and on conviction is liable to a fine of not more than $500 or to imprisonment for a term of not more than two months, or to both. R.S.O. 1990, c. P.55, s. 2.

Powers of guard or peace officer

3.A guard or peace officer,

(a) may require any person entering or attempting to enter any public work or any approach thereto to furnish his or her name and address, to identify himself or herself and to state the purpose for which he or she desires to enter the public work, in writing or otherwise;

(b) may search, without warrant, any person entering or attempting to enter a public work or a vehicle in the charge or under the control of any such person or which has recently been or is suspected of having been in the charge or under the control of any such person or in which any such person is a passenger; and

(c) may refuse permission to any person to enter a public work and use such force as is necessary to prevent any such person from so entering. R.S.O. 1990, c. P.55, s. 3.

Statement under oath to be conclusive evidence

4.For the purposes of this Act, the statement under oath of an officer or employee of the government, board, commission, municipal or other corporation or other person owning, operating or having control of a public work, as to the boundaries of the public work is conclusive evidence thereof. R.S.O. 1990, c. P.55, s. 4.

Refusal to obey guard, etc.

5.(1)Every person who neglects or refuses to comply with a request or direction made under this Act by a guard or peace officer, and every person found upon a public work or any approach thereto without lawful authority, the proof whereof lies on him or her, is guilty of an offence and on conviction is liable to a fine of not more than $500 or to imprisonment for a term of not more than two months, or to both.

Arrest

(2)A guard or peace officer may arrest, without warrant, any person who neglects or refuses to comply with a request or direction of a guard or peace officer, or who is found upon or attempting to enter a public work without lawful authority. R.S.O. 1990, c. P.55, s. 5.

Regulations

6.The Lieutenant Governor in Council may make regulations,

(a) providing for the organization, co-ordination, supervision, discipline and control of guards;

(b) defining the areas that constitute approaches to public works, either generally or with regard to a particular public work;

(c) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. P.55, s. 6.

News

Supreme Court: Calif. university’s policy upheld, but school still barred from targeting Christian group

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Media

Stephen Pidgeon on Oregon Public Broadcasting

Stephen Pidgeon appears on Oregon Public Broadcasting’s “Out Loud” program with Washington Secretary of State Sam Reed to discuss the United States Supreme Court’s recent decision in Doe v. Reed, the controversial case which seeks to protect the names of petition signers in the R-71 referendum from disclosure to third parties seeking to publish the list.

Column

Galid Shalit Must Be Released

Today, over a thousand people continue their 12-day protest march across the nation of Israel in support of Galid Shalit, an Israeli soldier held in violation of human rights, by members of Hamas in the Gaza. 

Having just recently returned from S’derot, Israel, I can personally attest to seeing hundreds of spent Kasam’s at the police station, seeing the markings of where the missiles have hit in S’derot, visiting caterpillar shaped bomb shelters in children’s playgrounds, and witnessing evidence of the 8,000 rocket strikes perpetrated against the village of S’derot by Hamas in Gaza since Gaza was given over to Hamas five years ago.  Until the hypocrites from the media report on this issue completely and objectively, they need to keep their mouth shut about the rights of IHH members on the “flotilla.” 

In the meantime, Galid Shalit remains kidnapped in an ongoing act of terrorism by those who have been taught that the human beings living in the village next to them are sons of monkeys and pigs, and are deserving of nothing but slaughter.  Even Abbas has recognized that the second intifada was a mistake, but because of the brainwashing and hatred taught by the leadership of the Trans-Jordanians, Egyptians, and Bedouins living in Israel, the ongoing acts of terrorism continue. 

Let us be clear: The people living in Gaza lied when they promised the Israelis peace in exchange for land.  Instead of peace, Galid Shalit was taken captive, and Hamas has been emboldened to launch random acts of terror against innocent citizens in Israeli villages without provocation.  The compromised media has said nothing.  Consider the story of two little Israeli children living in S’derot who, upon hearing the siren, had 15 seconds to make it to a bomb shelter.  The oldest - the five year old girl - knew they couldn’t make it, so she laid down on top of her three year old brother.  He survived as a result - she didn’t. 

Instead of condemning Hamas consistent with its position on the list of international terrorist groups at war with the United States, O-ba-ma has instead directly funded the importation of Hamas members to the United States. 

Decalogos condemns the funding of Hamas in any form, and urges members of Congress to review and stop all funding for Hamas and the agents of terror in Gaza.  This issue must be cleared first before any international investigation of the “flotilla” incident is even raised.