| March 2, 2008                                                                    Case file # 193475      

A MOTION TO SEEK REMEDY THOUGHT A SEC 11-D CHARTER CHALLENGE

Filed in the jurisdiction of the City of Vancouver - Criminal court registry @ 222 Main St.

By:      Marc Boyer - UNDER DURESS OF ENSLAVEMENT on the understanding THAT:
-      I am a true child of God, in the soul jurisdiction of the Sovereignty and Supremacy of God.

PREAMBLE:

1. The Charter holds Sec 11-D of the Charter of Rights as the ultimate tool of redress,
1. This powerful tool is there for the very function of upholding the 3rd line of our well defined rule of law, which was cast in Sec 133 of the BNA:

1. NAMELY:   Law and order are Essential Elements of civilized life

2. This powerful tool, in lore and in form, is there for the specific purpose of holding the power to act, when pressed with a notion called Manifest Destiny or the make-over
1. It’s there to protect all of society of a predicament where tyranny takes over, and
2. John Locke, in The Two Treaties, defines the proof that tyranny rules, with this famous quote: “when someone takes what nobody doth have the right to take”.
3. His opening premise of this legal masterpiece defines this trespass with this quote

1. no body doth have the right to take away Freedom from a free man
   [Through the abandoning of Locke’s principles of fundamental Justice] 

3. By making an objective forensic examination of my case history, it becomes self evident that this scenario is exactly what is occurring, and it’s all based on my abnormal birth.
1. The ground motive behind Locke’s warning lies in the fact that specifically the Bible, and all kinds of Highland lore holds that the deliverer of Manifest Destiny will be pressed by a freeman who is robbed of these basic rights,

1. in our wildest dreams he would also deliver redemption of all debt
1. which is exactly what is being presented in my case files.
2. The hope of mankind is that you should accept this offer because my file holds a default damage award that fulfills Isaiah 40 thru 43 and Rom 13
3. AND all you have to do is follow the law and send this case to a tribunal   

4. What is impossible to deny [after an objective look at my forensic case history] is that there is no way that this case file can be properly dealt with at 222 Main Street, and
1. My basic contention is that the basic ground motives behind my peaceful civil disobedience can only be addressed by delivering this case file to a tribunal with the appropriate jurisdiction, and surrender to what Archibald Cox called;

1. ”The wildest opportunity ‘devised by man’ to affect a make-over without the use of physical and economic force”.  

I OFFER THIS OUTLINE TO PRESS SOME SPECIFIC ISSUES IN MY CASE FILE(S)

5. As I see it, this abandoning of the principles of fundamental Justice is not a Charter issue.
1. It’s a Constitutional issue that arose from a fundamental flaw in the patriation of our Constitution in 1982, which included to uphold the Colonial Act of 1931.
2. This fundamental flaw allowed for what the courts call quasi-legal power to suspend and even abandon [in my case] the principles of fundamental Justice.
6. This flaw permitted the abandonment or suspension of Sec 8 CCC and especially eroded any claim to being automatically protected from old English law under Sec 8(2),
1. As I see it, when we passed the Bill of Rights in 1955, it was made clear that we needed this provision in order to protect us from laws that have never been challenged in Canada, and it was made clear that without this law, we were wide open to abuse, from laws that simply were not on the books in Canadian law.
2. It’s my contention that Canada has no protection in our law from slavery

1. and especially highway robbery by police and contract official agents,
1. which are now being encroached on, on a routine basic recently.

7. A great harm from keeping Colonial rule was that it subverted Sec 7 of the Charter
1. For example these shocking quotes:  Extracted from the Second Edition of our Charter and Rights and Freedoms (published in 1989)on page 371 under the title
             The Meaning and Scope of the Principles of Fundamental Justice –

1. (3-quote)           “Section -7 is designed to impose a certain procedural structure upon decisions that may constitute an infringement of (all) the three rights enshrined therein.
2. To discover the scope of this protection one can consult with the ‘standards of works’ on administrative law, -which flow from the new natural justice that is applicable to purely administration functions.
3. “Without a doubt, the advent of the Charter has reinforced judicial control of procedural ‘unfairness’ in the broadest sense of the term”

2. This section sights prison reform law as the test cases to support this position therefore it is safe to assume that in law we are in a society that is a prison.

1. Some would say we are in a world that is a prison – a slave planet.

8. NOTE: they invites us ‘to consult with the ‘standards of works’ on administrative law,’  
1. FREE: (DCL)- When applied to goods described in Schedule II, means that the goods may be imported and taken out of the ‘warehouse’ for consumption in Canada, without duty.- Customs and Tariffs, RSC 1985 – where you find ‘wares’
2. WARES: (DCL)- [the only definition] Includes printed publications.
   Trademarks Act RSC 1985 (Ps: birth certificates are trademarks)

3. WAREHOUSES: (DCL)- Any place, whether house, shed, yard, dock, pond, or other places where goods may be lodged, kept and secured without payment of duty Customs Act RSC 1985                    (Ps: sounds like the whole world)
4. WAREHOUSE RECEIPTS: (DCL) receipts given by any person for any hydrocarbons received by him as bailee, whether this obligation to restore required delivery of same hydrocarbons or may be satisfied by delivery of like quantity of hydrocarbons of similar grade or kind, - Bank Act RSC 1985
5. Schedule II Warehouse Receipts are Receipts given by the owners of warehouses,-, etc., acknowledging the possession of chattel property (SOB) stored, or kept for the owners of such chattel property.  The ownership of the property may be changed on purchase, by the endorsement and delivery of the warehouse receipt.  These receipts are used largely as collateral security.  They are given to bankers, -, and others along with their notes, as security for further advances of money....(We’ve been made into chattel to back the value of money)
6. BAILEE: (CDL) A person to whom goods are entrusted for a specific purpose with no intention of transferring the ownership (Ps:  As chattel property, all our children are property of ‘the Director who registers birth records at any City hall

1. This reference to a City Hall registrar is proof that it’s being done through the provisions of local City autonomy under the Colonial Act
1. Which permits any Judge to be as unfair as they want = tyranny

9. My contention is that when at my Confirmation hearing the Crown sighted that the Crown had domain over everything in it’s jurisdiction, then they were standing under these provisions of Sec 7, because [quote] “Without a doubt, the Charter has reinforced judicial control of procedural ‘unfairness’ in the broadest sense of the term”

1. Or in other words permits tyranny to rule at any time the judge sees fit

2. Colonial rule ‘permits’ this to happen [not the Charter] and it cannot remain
3. Abandoning the principles of fundamental justice with this new undefined new natural justice is so perverted that Colonial rule must be redress by a tribunal
4. AND this court’s ruling on my abnormal birth registry forces a Judge, [or]

1. [in this case] have the Sheriffs force this case to be sent to a tribunal

10. To my understanding, the Essential Elements in sending a case to a tribunal under a Sec 11-D Charter Challenge must be because the Judge is being presented with an insult that really cannot be dealt properly with my this court, AND that the nature of the case is too complex and beyond the ability or scope of the judge to deal with in this lower court.
1. The nature of my case file, as outlined in the above examples should be sufficient to send this matter to a tribunal on the grounds that it’s beyond this court to rule properly on this file and the nature of the insult was provided by the Judge at this court Confirmation Hearing, becomes self evident with the pressing of the facts.

11. My basic concerns are that [to my knowledge] there has never been a Sec 11-D challenge that has been pressed let alone recognized, therefore there is this perfect excuse THAT:
1. There is no case law history to lean on, then ruling on whether to send this to a tribunal, therefore this cannot be done by a lower court Judge,  
2. Therefore, no motion for a tribunal will ever be called, at least by this next Judge,

1. After all it would violate /upset her desire /offer to rule under ‘comity’.
1. or under laws that have never been passed like the Contraventions Act that were tabled and being enforced under Orders in Council. 

3. This raises the issue that in this lower court that the only real option, in law is to get this court to a tribunal, and it may take the Sheriffs to force the Judge to do so.

1. They really are the keeper of the promise that slavery will never return.

12. These keepers of the promise last March enforced the resignation of the [then] Solicitor General of BC John Les, over the Judge’s mishandling of my abnormal birth entry.
    As clearly expressed at this date: it’s an open and shut case of the FRAUD–Sec 340 CCC for ‘the Queen’ to take away Freedom from The King’s Loyal Subject and ‘a true child of God’ especially when he is standing under a claim of right [Sec 39 CCC] to uphold God
1. They interceded when the judge said “Who cares if we have abandoned God”

They called my Sec 337 CCC demand from the Mayor of Vancouver was [quote]
“a brilliant move”, and they promised to intercede if the Mayor(s) did not comply.

1. Frankly their hands are tied, they are painted into a corner and have no choice but to intercede if the Judge at my next trial refuses to send my trial to a tribunal, because they hold the promise to never let any form of slavery return

14. As I see it, as to Heb 11 says “the one who puts his faith in the messenger will never be put to shame” It’s hard to refute that I am Abraham’s seed because my abnormal birth landed in 1989, which is 430 years after the Act of Supremacy took affect, and THAT:
1. It’s undeniable that as to God’s promise: the new Covenant is being delivered.
2. Take it, and proceed to Isaiah 3-4 by following the law as outlined in Romans 13 or send me to jail, and watch the fulfillment of 2Thes2 unfold, or worse.

• it’s your choice; the chosen must choose.