SUPERIOR COURT OF JUSTICE (CENTRAL EAST)
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
JAMES BRADFORD MEDD
Appellant
APPEAL BOOK
Michael Swinwood
Barrister & Solicitor
R.R.#3
Almonte, ON K0A 1A0
Tel: 613-256-5100
Fax: 613-257-2682
Solicitor for the Appellant
TO: GEMMILL FARN & REYNOLDS
Barristers & Solicitors
6 Albert St. North
Lindsay, Ontario
K9V 4J1
Fax: (705) 324-3577
Attention: Ivan Reynolds
AND TO: ATTORNEY GENERAL OF ONTARIO
Constitutional Law division
7th Floor 720 Bay St.
Toronto, Ontario M5G 2K1
Fax: (416) 326-4015
AND TO: THE ATTORNEY GENERAL OF CANADA
284 Wellington St.
Ottawa, Ontario K1A 0P4
Fax: (613) 954-1920
APPEAL BOOK
TABLE OF CONTENTS
Pages
Notice of Appeal............................................................................1-2
Notice of Constitutional Question................................................3-10
Information..................................................................................11-13
Order and Reasons......................................................................14-24
List of Exhibits.................................................................................25
Facts.................................................................................................26
Notice of Appeal
Notice of Constitutional Question
SUPERIOR COURT OF JUSTICE (CENTRAL EAST)
HER MAJESTY THE QUEEN
Respondent
and
JAMES BRADFORD MEDD
Appellant
Notice of Constitutional Issue
Take notice that in the within Notice of Appeal the appellant raises a constitutional challenge, in his appeal,,at a date to be set by the court clerk at Lindsay, Ontario, to have declared null and void the IncomeTax Act of Canada provisions as being ultra vires the parliament of Canada and have declared unconstitutional and of no force and effect as against the Appellant.
The Grounds for the Application Are:
1. That the legislation is void ab initio, owing to Her Majesty the Queen and the Federal government being complicit in the crime of genocide as against the First Nations people, thereby depriving Her majesty and the Federal Government of Canada the proper legislative authority to enact the Income Tax Act as against the Appellant.
2. That the enactment of the British North America act of 1867 contemplated and set out of the various Federal and provincial powers (sections 91 and 92) specifically reserving direct taxation of income (property and civil rights) to the provincial legislature, thereby rendering the Income Tax Act of Canada, ultra vires the federal government and therefore null and void as against the Appellant.
3. That no legislative power given by the enactment of the British North America Act, 1867 can be delegated from one to the other and although the federal government and provincial governments have made arrangements in the past regarding delegation of powers, it is contrary to constitutional law to delegate a power from one government to another.
4. That the Canada Constitution Act of 1982 and the Canadian Bill of Rights of 1960- are relied upon by the Appellant in advancing arguments on genocide and ultra vires grounds.
5. That the Income Tax Act is essentially a money bill, containing sanctions which criminalize economic behaviour and thereby offend the Canadian Bill of Rights. Section 1(a): "the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law."
6. That the learned trial judge and prosecuting attorney did not assist the unrepresented appellant in advancing his Charter arguments and unconstitutional arguments thereby offending Section 2(e) of the Canadian Bill of rights: "deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations."
7. The punishment sections of the Income Tax Act are onerous and out of proportion to the offences alleged. In fact, these sections offend both the Canadian Bill of Rights and Charter of Rights and Freedoms, amounting to the imposition or authorizing the imposition of cruel and unusual treatment or punishment; they are therefore null and void and of no effect.
8. That the scheme of the Income Tax Act of Canada is designed to force an assumpsit contract on an individual, contrary to the Statue of Frauds 1670 and contrary to the Canadian Bill of Rights and the Charter of Rights.
9. Such further and other grounds as solicitor may advise and the Honourable Court may permit.
The Constitutional Principles to be argued are:
1. The Parliament of Canada and Her Majesty the Queen, deprive themselves of legislative authority, by being complicit in the crime of genocide, contrary to their international treaty obligations codified in the Convention for the Prevention and Punishment of the Crime of Genocide, 1948. By virtue of the relationship between the parliament of Canada and Her Majesty the Queen, with the First Nations people of this land, there has been an unconstitutional assumption of court jurisdiction by provincial and federal courts, established in unceded First Nations territory, and thereby amount to "Misprision of Treason and Fraud", within the meaning of the Royal Proclamation of 1763, and amounts to "Complicity in Genocide" contrary to the Provisions of the said Convention on Genocide.
2. By the Division of Powers of legislative authority of the Parliament of Canada and the several Provincial Legislatures, specified by sections 91, 92, 92A, 93 and 94 of the British North America Act of 1967, the entire subject of Direct Taxation was exclusively retained by the legislatures of the Provinces for their exclusive use and that the Income Tax Act (Canada), insofar as it levies a Direct Tax within any Province, is ultra vires the legislative authority of the Parliament of Canada;
3. Authority to impose Taxation upon income requires for its operation the Authority to legislate in regards to Property and Civil Rights as the imposition of a Direct Tax upon Personal Property directly affects matters of Property and Civil rights, Income being a form of Property and being defined as such at the time of Union within the Province of Ontario (then Upper Canada). Property and Civil Rights are an exclusive area of Provincial Jurisdiction by section 92(13) of the British North America Act of 1867 over which the Federal Parliament has no Legislative Authority, thus the Income Tax Act (Canada) is ultra vires the Parliament of Canada, at least insofar as it imposes direct taxation upon any form of Property within the Province of Ontario;
4. That the Powers of Appropriation referred to in section 102 and 126 of the British North America Act of 1867 over personal property and income was vested in the Consolidated Revenue Funds of the several Provinces and not in the Consolidated Revenue Fund of the Government of Canada; the only Power of Appropriation over Property vested in the Consolidated Revenue Fund of Canada was in respect of that Property defined as the Property of Canada in section 107 and 108 of the British North America Act of 1867 and as enumerated in the Third Schedule thereto;
5. The Authority to Legislate with respect to the law of Contract, Employment, registration and exchange of Property within the Province of Ontario is exclusively an area of Provincial Legislative competence by virtue of section 92(13) and 92(16) of the British North America Act of 1867 and insofar as the Income tax Act Canada).
6. A proper examination of our constitutional perspective in this land, reveals that we remain as a colony of Great Britain, as our birth as a nation in pursuant to the legislature of Great Britain. The Statue of Westminster, 1931 empowered the provinces, however did not invest the federal.
7. Despite the federal parliament’s constitutional difficulties, the Canadian Bill of Rights and Charter Rights and Freedoms are applicable to the Appellant, as they are pronunciation of rights and freedoms, emanating from the Magna Carta, designated to protect an individual against the arbitrariness of royalty or legislatures.
8. The punishment and compliance sections of the Income Tax Act are
ultra vires as they offend both the Canadian Bill of Rights and the charter of Rights and
Freedoms.
Statutory Provisions or Rules upon which the Appellant relies:
In support of this application, the Appellant relies upon:
1. The transcript of the proceedings and exhibits.
2. Identity and Continuity of States in Public International Law.
3. The Missing Key to Canada’s Future - re constitutional background ISBN-0-9683897-0-8.
4. Fraud Deception manipulation by Robert A. Marquis, 1999, ISBN-0-9684802-0-9.
5. Malcolm’s Guide to the Constitution, by Malcolm Stopani-Thomson
6. Brief in Supreme Court of Canada, by Bruce Clark, LL.B.,M.A., PH.D, dated Oct. 4/96
The Relief sought is:
1. An order declaring the Income Tax Act of Canada ultra vires and an order quashing the convictions and compliance order against the Appellant. The Appellant may be served with documents pertinent to this Application.
1. By service in accordance with Rule 5 to:
Michael Swinwood
Barrister & Solicitor
R.R.#3
Almonte, ON K0A 1A0
Tel: 613-256-5100
Fax: 613-256-8115
Dated at Ottawa this 20th Day of October 2000.
Michael Swinwood
TO: GEMMILL FARN & REYNOLDS
Barristers & Solicitors
6 Albert St. North
Lindsay, Ontario
K9V 4J1
Fax: (705) 324-3577
Attention: Ivan Reynolds
AND TO: ATTORNEY GENERAL OF ONTARIO
Constitutional Law division
7th Floor 720 Bay St.
Toronto, Ontario M5G 2K1
Fax: (416) 326-4015
AND TO: THE ATTORNEY GENERAL OF CANADA
284 Wellington St.
Ottawa, Ontario K1A 0P4
Fax: (613) 954-1920
Information
Order & Reasons
List of Exhibits
List of Exhibits
1. Approval for Prosecution
2. Affidavit of Service - Demand & Failure to Comply 1995
3. Affidavit of Service - Demand & Failure to Comply 1996
4. Affidavit of Service - Demand & Failure to Comply 1997
5. Statement of Defence - J. Medd
6. Appendices to Statement of Defence - J. Medd
FACTS
FACTS:Revenue Canada made demands for filing income tax returns for 1995, 1996, and 1997. Afterwards, a prosecution was commenced by swearing the information which are the subject matter of appeal.
To read the background information about James-Brad: Medd's CCRA Challenge click here ...
To read Brad Medd's Factum click here ...