Jurisdiction

The official power to make legal decisions and judgments.

The Canadian Center for Self Governance advocates for the study of A Concise History of the Common Law, Public Legal Education, Rights and Duties of Citizenship, and the Juris/Dictionary Law Course.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, Security of the Person in their Property, Houses, Papers and Effects, and the pursuit of Happiness; that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes, and accordingly all experience has shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Such has been the patient sufferance of the People of Canada, that it constrains them to alter their former Systems of Government.

The history of past and present King(s) and Queen(s) of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over the People.

To prove this, let Facts be submitted to a candid world.

THE COMMON LAW IS NOTHING ELSE THAN COMMON REASON

"Common reason demands that one put one's trust in others, and a use is a trust between feoffor and feoffee". - Montague C.J. K.B. 1536

POSITION PAPER

Advocating on behalf of the local and district Assembly. (An Assembly is a voluntary association of a free People.)

Mission Statement: To promote peace and prosperity through public understanding of The Constitution of Canada, the Rule of Law and the principles and practice of Due Process.

Whereas Canada lacks politically free and financially independent institutes for the advancement of constitutional right(s) and upholding the supremacy of God and the Constitution over the Executive, Legislative and Judicial branches of government.

The Canadian Center for Self Governance mission, and aim(s) are the protection, defence, enforcement, and enhancement of constitutional rights, the supremacy of God and the Constitution, and the Rule of Law, without government funding, interference, or influence whatsoever.

The Canadian Center for Self Governance mission is, on one hand, to challenge unconstitutional excess of the state, and on the other, to challenge the state’s abdication or abandonment of constitutional duty.

Financing of the Canadian Center for Self Governance is strictly on a private basis, volunteers and fund-raising.

The aims and objectives of the Canadian Center for Self Governance are advanced through the formation of judiciary committees and preliminary investigations, acting as a Party and on behalf of Parties, indirect representation of client(s), education through public and private speaking, website publication(s), newsletter(s), seminars, and conferences.

The clear mission of the Canadian Center for Self Governance is to be as devoid, free, and separate from local and foreign government funding, interference, and influence.

The Canadian Center for Self Governance is committed to advocating for a truly independent, impartial, and accountable judiciary that reflects local values and local control of all matters, and a fair and open appointment system. A judicial appointment system that complies with the process and substance of the equality and independence provisions of the Constitution.

The Canadian Center for Self Governance is committed to protecting, defending, and enhancing constitutional rights and the supremacy of the Constitution over police, security services, the executive, the legislative and other branches of government without regard to political correctness and influence whether political or judicial, special-interest and lobby, the unpopularity of the person or group asserting the Constitution or right, nor the implications or ramifications to public spending required to effect constitutional rights.

The Canadian Center for Self Governance is committed to resisting the unconstitutional “abdication” or “abandonment” of the legislative duty of legislatures and the unconstitutional delegation, particularly to private bodies, of public institutions and functions being the duty of legislatures and governments as gatekeepers of the public good, policy, and general welfare.

The Canadian Center for Self Governance is committed to asserting and defending the people’s electoral constitutional rights which ensure and guarantee Laws for Peace, Order, and Good Government in all Matters.

July 4, 2023

Contact

Ian Alexander McDonald

Judiciary Committee - Preliminary Investigations

Phone: 604-208-9343

Email: ianamcdonald@outlook.com or ian@canadiancenterforselfgovernance.org

HISTORY OF THE COMMON LAW

Alfred the Great - World History Encyclopedia

Alfred the Great (r. 871-899 CE) was the king of Wessex in Britain but came to be known as King of the Anglo-Saxons after his military victories over Viking adversaries and later successful negotiations with them. He is the best-known Anglo-Saxon king in British history.

Alfred's impressive military and administrative skills stabilized Britain after almost a century of Viking raids and warfare. He established the practice of translating classical works from Latin into English, set up public schools, reformed the military, and revised and expanded the law code. Later historians, especially during the Victorian Age, would consider him the most perfect king of the Middle Ages for his piety, justice, and noble vision of a better future for his people.

King Aethelred - 1000 AD.

In early Anglo-Saxon Law liability was absolute.

“The doer of a deed was responsible whether he acted innocently or inadvertently, because he was the doer; the owner of an instrument which caused harm was responsible, because he was the owner, though the instrument had been wielded by a thief; the owner of an animal, the master of a slave, was responsible because he was associated with it as owner, as master.”

In short, a man acts at his peril.

Maxims represented the state of the law with much more accuracy in 1100 than they do now!

qui inscienter peccat scienter emendet

he who sins unknowingly will make amends knowingly

There was a fatalistic attitude to life in early times which made men accept misfortune.

Here is a passage to one of the Laws of Aethelred that represents the thought of his age. It reads:

“ And always the greater a man’s position in this present life or the higher the privileges of his rank, the more fully shall he make amends for his sins, and the more dearly shall he pay for all misdeeds; for the strong and the weak are not alike nor can they bear a like burden any more than the sick can be treated like the sound. And therefore, in forming a judgement, careful discrimination must be made between age and youth, wealth and poverty, health and sickness, and the various ranks of life, both in the amends imposed by ecclesiastical authority, and in the penalties inflicted by the secular law. And if it happens that a man commits a misdeed involuntarily or unintentionally, the case is different from that of one who offends of his own free will voluntarily or intentionally; and likewise, he who is an involuntary agent in his misdeeds should always be entitled to clemency and better terms, owning to the fact that he acted as an involuntary agent. “

OFFICE OF THE SHERIFF

In England, the sheriff came into existence around the 9th century. This makes the sheriff the oldest continuing, non-military, law enforcement entity in history. In early England the land was divided into geographic areas between a few individual kings – these geographic areas were called shires. Within each shire there was an individual called a reeve, which meant guardian. This individual was originally selected by the serfs to be their informal social and governmental leader. The kings observed how influential this individual was within the serf community and soon incorporated that position into the governmental structure. The reeve soon became the Kings appointed representative to protect the King’s interest and act as mediator with the people of his particular shire.

The Office of Sheriff grew in importance with increasing responsibilities up to and through the Norman invasion of England in 1066. The duties of the sheriff included keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining a list of wanted criminals, and serving orders and writs for the Kings Court. The responsibilities of the Office of Sheriff in England ebbed and flowed, depending on the mood and needs of kings and government. In 1215 the great document of freedom, the Magna Carta, was reluctantly signed by King John. This document had 63 clauses, 27 of which are related to the restrictions upon, as well as the responsibilities of the sheriff. Through time and usage, the words shire and reeve came together to be shire-reeve, guardian of the shire and eventually the word sheriff, as we know it today. Most of those duties are still the foundation of the Sheriff’s responsibilities in the united States of America.

CIVICS

The study of the rights and duties of citizenship.

Robert's Rules Of Order Newly Revised - 12th Edition

America's foremost guide to parliamentary procedure.

Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty.

It is difficult to find another branch of knowledge where a small amount of study produces such great results in increased efficiency in a country where the people rule, as in parliamentary law.

General Henry M. Robert

Here are the parts and what they do.

  • Pleadings - Allege facts you must prove to win

  • Discovery - Gets evidence into the record so you can prove what you allege

  • Memoranda - Makes arguments in writing

  • Motions - Require the court to act

  • Orders - Compel people by force

That's it.

Simplicity is Power

The power of this course is simplicity!

If winning were difficult, this course would not exist.

Winning is easy once you know what is explained in this course.

If you're suing someone, allege and prove the essential elements of your complaint.

If you're being sued by someone, allege, and prove the essential elements of your defenses and show that your plaintiff has not alleged or cannot prove the elements of his complaint.

If you're accused of a crime, allege, and prove that the prosecutor has not alleged or cannot prove the elements of the crime beyond and to the exclusion of any reasonable doubt.

That's it.

Just What You Need

You don't need a law degree!

You don't need to know all the stuff learned in law school:

  • contract law

  • property law

  • wills and trusts

  • probate procedure

  • corporations

  • intellectual property

  • guardianship

  • sales, securities, and the UCC

  • torts

  • tax

  • etcetera

Three long, expensive years of mostly rubbish!

All you need to know are:

  • Facts of your case

  • Laws that apply to the facts

  • Procedures that get evidence

  • Into the record

  • Procedures that prevent your opponent from getting his evidence

  • Into the record

  • Motions that force judges to sign orders

That's it.

You don't need to know everything!

You only need what will win your case!

The Law of Your Case

Every case turns on very little law.

Most are decided on just one.

The facts decide which law.

Dog bite laws, for example, ask these questions:

  • Did the dog cause injury in the past?

  • Was the dog taunted by the victim?

  • Was the victim on the owner's property?

  • Was the dog under the owner's control?

The law of your case won't be much more complicated.

The law of your case will ask a similar set of questions.

Answer those questions with proof.

The law of your case is probably a single statute or common law principle.

The law of your case will be a list of essential elements.

The winner will allege and prove those elements.

Gee whiz! Why didn't the "professional Bar" tell us this?

Why has this been kept secret from the People? Do the math: $$

Lawyers make money by keeping you in the dark!

Rules of Procedure

You have a right to do anything lawyers can do.

You don't have to be one to represent yourself.

You can do anything a lawyer could do if you're representing yourself.

You can't represent a corporation, a probate estate, or a friend, but you can represent yourself.

We all have a right to represent ourselves.

And we all have a right to know how!

That's why this course exists!

You will know how to represent yourself.

If you choose to hire a lawyer, you will know what the lawyer must do to win. You won't just pay his fees and hope he does what's needed. Many of them will just take your money and cave in when the chips are down.

Follow the rules of procedure.

Force your opponent to follow the rules.

Force the judge to follow the rules.

The rules are quick and easy to learn.

Rules of Evidence

The evidence rules are a filter.

They allow good stuff to come in.

They keep bad stuff out.

They're quick and easy to learn.

Evidence is the stuff that wins cases.

The rules of evidence are common-sense.

Use the evidence rules to keep your opponent from misleading the court with falsified and deceptive tricks.

Stop hearsay in its tracks!

Make witnesses say what you want them to say.

Prevent your opponent from hiding the ball.

Easy to do.

The Power of Objections

Objections enforce the rule!

That needs to be repeated.

Objections enforce the rules while making it clear on the record when a judge makes material errors that may need to be appealed.

Enforce the rules with objections.

Control the judge with objections.

Throw your opponent under the bus and hand him his lunch with objections!

Powerful stuff.

Don’t just say, “Objection!”

State the grounds for your objections.

Everything STOPS till objections are ruled upon.

YOU control the court … not the judge!

Moving the Court

Courts do nothing until you "move" them.

You move the court with "motions".

It's quite easy.

Move the court to order stuff.

Any kind of stuff you want the court to order.

Move the court to order your opponent to obey the rules.

Move the court to order the bailiff to open a window if the courtroom is too stuffy.

Move the court for any order you need.

The judge will either grant your motion or deny it.

You should have been taught this in Junior High!

PUBLIC LEGAL EDUCATION

How to Win in Court Without a Lawyer

Winning with the Jurisdictionary® Law Course

Tie these parts together properly, the way it is taught in this course, and you win!

THE STUDY OF LAW

But that a science, which distinguishes the criterions of right and wrong; which teaches to establish the one, and prevent, punish, or redress the other; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart; a science, which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community; that a science like this should have never been deemed unnecessary to be studied in a university, is matter for astonishment and concern. Surely, if it were not before an object of academical knowledge, it was high time to make it so. – Sir William Blackstone - Commentaries on the Laws of England (1765-69) from a lecture given in 1758

Law is:

1. A rule of conduct.

2. Backed by force, not by custom.

3. Based on higher moral authority.

Forms of Law according to Sir William Blackstone.

“Man, considered as a creature, must necessarily be subject to the laws of his Creator. It is necessary that he should, in all points, conform to his Makers will.

This will of his Maker is called the Law of Nature. The Law of Nature, dictated by God himself, is superior in obligation to any other.

It is binding over all the globe, in all countries, and at all times. No human laws are of any validity if contrary to this.”

Law of Nature is revealed by God through human reason and conscience.

Revealed Law is found only in scripture.

Municipal Law is man made law, enacted by civil government, is valid only if it conforms to Law of Nature and Revealed Law.

CIVIL PROCEDURE - ISSUES IN CONTROVERSY

In civil law courts, early modern civil procedure was based on the Roman-canonical model of proceedings originally developed in late medieval ecclesiastical courts and by academic scholarship. Its main features were the principle of party disposition and its corollary, the adversarial principle. These features also governed to a large extent English common law proceedings in civil litigation. The new secular and ecclesiastical social elites emerging in urban environments from the late eleventh century onwards rejected traditional forms of procedures because they perceived them as arbitrary. Early modern political developments tended to reorganize the courts’ systems in a polity under the authority of the sovereign, but in most territories, a patchwork of courts remained in place. The fundamental structure of civil proceedings remained by and large in place in the system of national courts established from the late eighteenth and early nineteenth century onwards.

LAW SCHOOL - LITIGATION TACTICS

Reading, writing, speaking, and analytical thinking.

Most-trusted law course since 1997. Learn case winning tactics. Simple forms and step-by-step explanations.

AMERICAN JUSTICE FOUNDATION

Justice Magazine

https://www.wordwar.com/

How to Win Without a Lawyer

Audio

https://t.me/c/1680586479/1609

Look up the Annotated (Canada)

Read the Holdings (judicial opinions). This is what the Law means.

Statements of counsel in brief or argument are not sufficient for a summary judgement.

Jurisdiction requires 2 people opposing (the parties), the subject matter, and a competent witness (with a sworn affidavit under penalty of perjury).

Actual facts, not mere allegations of complaint, are determinative of issue of jurisdiction.

Law of voids: Judgments are not subject to the statutes of limitations.

No answer defaults are not presumed to be summary or final judgements.

Res Judicata

Justice is not free. Justice is constantly on trial here in Canada and the U.S.A. and in every nation under this sun.

WAR

ordo ab chao (old latin)

order out of chaos

Declaration of Independence: A Transcription | National Archives

Wars begin by spilling ink on paper,.. via Declaration of Independence.

Wars spill a lot of blood,.. on the battlefield.

Wars end by spilling more ink on paper,.. via Treaty of Paris 1783.

Enemies at war,.. friends in peace.

Sherman Anti-Trust Act (1890) | National Archives

Fifty-first Congress of the United States of America, At the First Session,

Begun and held at the City of Washington on Monday, the second day of December, one thousand eight hundred and eighty-nine.

An act to protect trade and commerce against unlawful restraints and monopolies.

Sec. 8. That the word "person," or " persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.

Milestone Documents

CanadianCenterForSelfGovernance.org

Providing for the Common Defense

cc4sg.com