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Bill: Charter of Rights and Freedoms

Details

Submitted by^[?]: New Democratic Party

Status^[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: April 2042

Description^[?]:

The Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.

Every citizen has the right to vote in an election of members of the legislative assembly and to be qualified for membership therein.

Every citizen of Ikradon has the right to enter, remain in and leave Ikradon.

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Everyone has the right to be secure against unreasonable search or seizure.

Everyone has the right not to be arbitrarily detained or imprisoned.

Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefor;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Any person charged with an offence has the right

a) to be informed without unreasonable delay of the specific offence;
b) to be tried within a reasonable time;
c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
e) not to be denied reasonable bail without just cause;
f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Ikradon or international law or was criminal according to the general principles of law recognized by the community of nations;
h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, gender, sexual orientation, age or mental or physical disability.

The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Ikradon.

Proposals

Debate

These messages have been posted to debate on this bill:

Date	not recorded
From
To	Debating the Charter of Rights and Freedoms
Message	hah! we have our first duplication!

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	WIP. Based on Canadian Charter of Rights and Freedoms.

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	Duplication?

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	Oh... I see. Sorry.

Date	not recorded
From	Democratic Socialist Party
To	Debating the Charter of Rights and Freedoms
Message	Also, there have been actually several duplicates by myself, but I've removed them (except for the gun control one).

Date	not recorded
From	Irkan Tomorrow Cabal
To	Debating the Charter of Rights and Freedoms
Message	What. There is too much in here. It needs to be delinated into seperate bills.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	This is unreadable, each point should be seperate and thourghly debated, one word could mean all the difference...

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	I'm waiting till we get formatting options. Till then you could look at http://laws.justice.gc.ca/en/charter/index.html , wording etc. is essentially the same.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	No its not, our party will only vote for what it can read on the floor...

Date	not recorded
From
To	Debating the Charter of Rights and Freedoms
Message	and our party will only vote for what it can read in the bath

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	Why has this bill not been with-drawn? It needs to be rewritten...

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	It will be once things like "paragraphs" and "linebreaks" are introduced. There is no need to withdraw it.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	OK then...

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	A question, what is ment by freedom of conscience. The vague manner of that supposed right makes our party uncomfortable. Our party also opposes the right for any citizen to enter, remain in, or leave Ikradon. A State has the inherent right of control over its borders and international transit! That right would mean that our State could not close its borders or enforce a quarantine...

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	Freedom of conscience in this context essentially means secular moral freedom, in the same way religious freedom allows you to worship any faith you want. To some degree it also would guarentee the right of conscientious objection to military conscription. In a state of emergency or martial law, rights can be suspended, so you could ignore the mobility rights. You can still close borders, but outside of those circumstances any of our citizens must be allowed to move in and out.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	Our party demands that the States right to suspend the rights of its citizens in regard to travel and military service be written into the charter...

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	We will not do such a thing. We feel "reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society" provides a sufficient balance. The SDP's paranoia, militarism, and disdain for civil rights will not get them anywhere with the voters.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	Notice that we havent has not suggest any other specific limits. Control of borders and the right to raise forces are essientials for a State and should be written in the Charter as it is too important to leave as a vague constitutional issue to be resolved later by time... Also we ask would the conscience clause protect parmacists who refuse to give out medication because of their beliefs?

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	Correction: should read "we havent suggested any"

Date	not recorded
From	New Democratic Party
To	Debating the Charter of Rights and Freedoms
Message	We are not going to write in something which will allow for a suspension of civil rights on a whim. I have already pointed out that a state of martial law or emergency can allow for temporary suspension of mobility rights. Is that not enough for you? Remember that laws will not be applied blindly. Sure a pharmacist could refuse to give, say, a black person medication and say his religion commands him not to help black people. But any judge will call BS, that is what the judiciary is for, to interpret the law. We are strongly opposed to the SDP's paranoic desire for civil oppression and are resolved not to compromise on the issue.

Date	not recorded
From	Progressive Pragmatists
To	Debating the Charter of Rights and Freedoms
Message	There are no stability measures written into the current bill, so it does not have our vote!

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Voting

Vote

Seats

yes

Total Seats: 145

Irkan Tomorrow Cabal (72)
Progressive Pragmatists (50)

Total Seats: 122

abstain

Progressive Evolution Party (24)

Total Seats: 24

Random fact: Players have a responsibility to differentiate between OOC (out-of-character) and IC (in-character) behaviour, and to make clear when they are communicating in OOC or IC terms. Since Particracy is a role-playing game, IC excesses are generally fine, but OOC attacks are not. However, players must not presume this convention permits them to harass a player with IC remarks that have a clear OOC context.

Random quote: "The goal of life is living in agreement with nature." Zeno (335 BC - 264 BC), from Diogenes Laertius, Lives of Eminent Philosophers

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