Regarding the 'Right to Shelter' Appeal

(originally a letter hoped to get printed in the Martlet RE: the City's appeal of the Adams' ruling)

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It remains unlawful, for those who cannot afford it, to sleep during the day.

To call the outcome of this appeal a victory is ludicrous. So far, the only victory is the admission of expert testimony that asserts the need for basic shelter as a condition of getting sleep, so as to avoid exposure from dew or blizzard... and, as well, I guess, the City has removed its 'loitering' prohibition in parks which now allows people to sleep under a tree without a 'temporary abode', which they could not do up until 2007.

Our lawyers do not contest the BC Appeals Court disposition that changed the original ruling, which stated that it was not Constitutional to prevent homeless people from supplying themselves with shelter, to being not Constitutional to prevent homeless people from supplying themselves with shelter during the night.

The lawyers cite cost and a presumption of failure as the reason they do not feel inclined to appeal to the Supreme Court of Canada to assert the right, for people who cannot afford it, to sleep during the day.

Now, here is where it starts to get interesting.

I feel it is very important to file for Leave to Appeal to the Supreme Court of Canada. Even if it is futile it is an avenue that should be taken, so, at least, we can say we tried. Truly, the denial of civil liberties requires a section 1. allowance (rooted in the same legislation that allows for martial law... an 'In the best interest of Canada' scenario), or, at the very least, an assertion of the Crown's 'Royal Prerogative' (have no doubt that, legally, the Queen is an all-powerful political player in this Constitutional Monarchy we call Canada).

So, is the right to erect shelter during the day, for those who cannot afford it, a 'civil liberty'? And, are there any lawyers, or law students, who would be willing to assist on a case that will either lead to tentcities/shantytowns becoming common in our social fabric, or be the meat of the legislation that will see the creation of internment camps? Its gotta be pro bono (oh ya, I'm what people in the biz call 'weird' as I've a 'vow of poverty' and can only use stamps and photocopiers that others provide).

We got the night. We've made a dent and now the last few hours that guarantee the monopoly on sleep are being guarded, viciously, by professional spin-doctor psychopaths that have billions of dollars supporting them.

We have until February 5th or 6th to file. I can get other defendants to get on board. If you've any interest, at all, we should talk- this is the biggest and most important court case in Canadian history... the case that will determine if we are allowed to live for free (what's that word some people use??... oh ya... FREEDOM).

Fiat justitia ruat caelum. "Let justice be done, though the heavens fall."

in a layman's expertise,

David Arthur Johnston

Victoria, BC, Canada

Hatrackman@Gmail.com