Core Mandate of Canada Summer Jobs Doesn’t Violate Rights

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July 2, 2018
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Core Mandate of Canada Summer Jobs Doesn’t Violate Rights

The Core Mandate of Canada Summer Jobs includes endorsing abortion and LGBTQ2 rights. Employers must attest its Core Mandate. Some think this violates inalienable human rights. But our income tax theory (“Apu’s Theory”) can explain why Core Mandate does not violate them.

The Core Mandate of Canada Summer Jobs includes endorsing abortion and LGBTQ2 rights. Employers must attest its Core Mandate. Some think this violates inalienable human rights. But our income tax theory, Apu’s Theory, can explain why Core Mandate does not.

Summary

The Core Mandate of Canada Summer Jobs includes endorsing abortion and LGBTQ2 rights. Employers must attest its Core Mandate. Some think this violates inalienable human rights. But our income tax theory (“Apu’s Theory”) can explain why Core Mandate does not violate them. Apu’s Theory deduces only Income Tax Act (“ITA”) “officers” doing ITA “employment” can access certain benefits, like Canada Summer Jobs. In contrast, private or natural persons doing ordinary employment do not have access, but they retain their inalienable human rights.

Background

Core Mandate

Canada Summer Jobs partially funds summer jobs for students, with Social Insurance Numbers, doing ITA “employment”. In addition, the application form requires prospective Employers attesting its Core Mandate:

Both the job and my organization’s core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights. These include reproductive rights and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, colour, mental or physical disability or sexual orientation, or gender identity or expression.

Core Mandate – Articles of Agreement

The Articles of Agreement is also part of the application. Applying Employers must sign their applications. However, the Government does not.

Core Mandate – Lawsuits

An Alberta company whose application was rejected is suing over the Core Mandate. The site https://freetodobusiness.ca also tracks other Canada Summer Jobs lawsuits.

Jurisdiction

Outside Federal Jurisdiction – “Ordinary Employment

Supreme Court of Canada. Picture credit: Apu Nahasapeemapetilon

Supreme Court of Canada. Picture credit: Apu Nahasapeemapetilon

We documented earlier Canada in a 1936 court case admitting, and the Supreme Court of Canada agreeing, that what they both call “ordinary employment” is outside federal jurisdiction.

Canada admitted and the Supreme Court agreed “ordinary employment” is OUTSIDE  federal jurisdiction.

Inside Federal Jurisdiction – ITA “Employment” (Apu’s Theory)

That is one reason why Apu’s Theory deduces Canada deems individuals are not doing “ordinary employment“, but ITA “employment” as ITA “officers”. Such officers are identified with SINs as social insurance numbers. It also deduces Canada also deems such individuals’ income type as public money belonging to ITA “offices”. It then is no longer their private property.

Canada Summer Jobs: a Benefit Only for CPP/ITA Officers?

Offices can have duties. They also often have privileges (powers) and benefits.[1] We believe Canada Summer Jobs is a benefit only for CPP/ITA “offices”/“officers.” The Canada Summer Jobs application form and its Core Mandate gives us three reasons why.

Reason #1

The first reason is from question 22 of the Canada Summer Jobs application. It requires Employers to pay “Mandatory Employment Related Costs”, such as CPP premiums. They also must deduct income tax. Both are deducted from, and paid into, Canada’s Consolidated Revenue Fund (Canada’s public money). Apu’s Theory, Chapter 23, deduces both CPP and income tax belong to the same office. It follows both are public money. Therefore, Canada Summer Jobs is a benefit only for CPP/ITA “officers.”

Reason #2

The second reason is from question 17 of the application, “Does your organization owe any amount to the Government of Canada?” The Articles of Agreement, Section 12.1(e), states,

The Employer recognizes that any such amounts owing to the federal government may be deducted from, or set-off against, amounts payable to it under this Agreement.”

Any amounts owing, such as income taxes, CPP, and GST are all public money. That is how Canada can set-off any Canada Summer Jobs payments (public money) against any such amounts owing (also public money). As noted, the federal CPP/ITA “office” handles only public money.

Reason #3

Judge Albert Constantineau Validates Apus Theory

Judge Albert Constantineau’s book is on offices and officers. (Ancestry.com)

The third reason is from Canada not having to sign the application or Core Mandate. This is because Canadian judge Albert Constantineau says, “it is a general presumption of law that a person acting in a public capacity is duly authorized so to do.”[2] So, CPP/ITA “officers” handling public money are presumed “duly authorized” to be acting in a public capacity. That is why no contract, and so no signature by someone for Canada, are needed.

It is a general presumption of law that a person acting in a public capacity is duly authorized so to do

Two Sets of “Rights” in Charter of Rights and Freedoms?

Section 15 of the Charter is on equality rights. But the two subsections list two different sets of “rights”! This must mean they are for two types of (legal) persons. Apu’s Theory, Chapters 7, 8 and 23 deduce how you (one human body) can be two legal persons if you consent to represent any officer. Furthermore, Canadian judge Albert Constantineau concurs (see Example #2).

You can be two legal persons, if you represent an officer

Charter, 15(1): For Natural Persons (Core Mandate Doesn’t Apply)

The Charter, Subsection 15(1) says “every individual is equal before and under the law…” A court case[3] states, “Subsection 15(1) of the Charter extends only to natural persons.” Natural or private persons, while not representing any office, retain their inalienable human rights from their Creator. And since Canada Summer Jobs is a benefit only for CPP/ITA “officers”, the Core Mandate does not apply to such natural or private persons.

Charter, 15(2): For Officers (Core Mandate Applies)

In contrast, The Charter, subsection 15(2) says:

Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Gee, the Canada Summer Jobs sure sounds like an “affirmative action program” for “disadvantaged individuals or groups” in its Core Mandate! In fact, it seems this Charter subsection makes the Core Mandate, well, mandatory!

The Charter seems to make the Core Mandate mandatory

Only “Disadvantaged Individuals” Can Access Canada Summer Jobs & CPP?

In addition, “disadvantaged individuals” might also be those who cannot take care of themselves financially, and so asks Canada for financial help, such as for retirement (CPP).

In short, the Charter mandates the Core Mandate, as Canada Summer Jobs is a benefit for “disadvantaged individuals” working as CPP/ITA “officers”. Such officers then are no longer natural or private persons with inalienable human rights from their Creator. They then only have privileges, or so-called “human rights” that their creator, Canada, grants them as such officers. As these are not inalienable human rights, but merely privileges, Canada can change or add to them at anytime – as Canada recently did by adding LGBTQ2 rights. After all, in law, officers are only artificial persons, and are not natural or private persons.

Canada Summer Jobs = Waiving Inalienable Human Rights?

The legal maxim cuilibet licet renuntiare juri pro se introducto means:

Any one may waive or renounce the benefit of a principle or rule of law that exists only for his protection.

Consenting to receiving benefits (Canada Summer Jobs and CPP) and income as public money then means such an individual must represent a CPP/ITA “officer”, and so, “waive(s) the advantage of a law made solely for the benefit or protection of him as an individual in his private capacity[4].

Private Capacity or Public Capacity?

Filing private property on a T1 converts it into Canada's “public money”. You should file property staying private on something other than a T1. But Canada no longer provides a form for filing your income as private property.

Image credit: www.theedublogger.com

It seems a Canada Summer Jobs applicant, who is applying for a benefit as a “disadvantaged individual“, must then waive s.15(1) of the Charter, which is only for “an individual in his private capacity”, i.e., a natural or private person. That applicant then only has so-called “human rights” under s.15(2) of the Charter, as an individual in his public capacity, since he is then representing a CPP/ITA “officer” dealing with public money.

In addition to your private capacity, you can also consent to having a public capacity

Core Mandate – Conclusion

In <a href="http://canlii.ca/t/fsvjq"><em>Meads v. Meads</em></a>, Judge Rooke ruled you cannot be a "double/split person". Ironically, he had to make that ruling as a second legal person, a judge - a court officer. So is he covering up for Canada, or is he incompetent?

In Meads v. Meads, Judge Rooke ruled you cannot be a “double/split person”. Ironically, he had to make that ruling as a second legal person, in his public capacity as a judge (court officer). He could not make that ruling in his private capacity. So is he covering up for Canada, or is he incompetent? (http://bit.ly2ewSz0V)

The Charter has two sets of “rights” for two types of legal persons. Natural or private persons retain their inalienable human rights from their Creator. “Disadvantaged individuals”, such as CPP/ITA “officers”, can access benefits available only through that office, such as Canada Summer Jobs and CPP. But they then waive inalienable human rights, and so must comply with the Core Mandate.

However, it will be interesting to see if Canada will admit this. As we document how Canada flouts Rule of Law,which seems like institutional fraud, we seriously doubt it!

THE ABOVE IS A THEORY. DO NOT CONSTRUE IT AS LEGAL ADVICE!

  1. See Apu’s Theory, Chapter 6.
  2. Albert Constantineau, A Treatise on the De Facto Doctrine in its Relation to Public Officers and Public Corporations (1910), at § 374, page 515, quoting R. vs. Verelst, (1813), 3 Camp. 432,14 R.R. 775
  3. Parkdale Hotel Ltd. v. A-G of Canada (1986) 1 F.T.R. 190 (F.C., T.D.)
  4. Johnston v. The Queen, 2009 TCC 327 (CanLII), paragraphs 22-23.
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