09 May 2009 ~ 0 Comments

Factum Introduction

I will not present the entire factum as it is over 450 pages. I have decided to provide the introduction for those interested. This is a factum that will be used as soon as another is charged with violating the illegal age of sexual consent increase and other illegal amendments that were made to the Criminal Code of Canada (I am unable to pursue the Attorney General of Canada directly as I have not been awarded Standing from the Supreme Court).

FACTUM  :introduction only

It is not by choice that I am serving as legal counsel for those I represent but a matter of circumstance. There are many others in this country that are far more apt and skilled to deal with this gross violation of our constitution but they sadly do not have the inclination to do so. I serve here as a result of these changes that force me to choose between political imprisonment verses the alternative of being a political exile, while at the same time directly divesting my lovers of their status as adults. This same status as adults –sexually-, that has been granted to them and enjoyed by them in this territory that is currently known as Canada, for hundreds of years-this cannot be stressed enough-. Not since the Victorian era has there been such an outrageous divestment of rights, when the legal age of sexual consent was unjustly increased from age 12 to age 14. Canada lacked a Charter of Human rights to defend the citizens from the perverted zeal of sectarian interests at that time. It is the act itself that is a violation of our Charter of Human Rights and Freedoms. Increasing the age of sexual consent 1 year is the same act as increasing it by 10 years. It is a classificationist targeting of a percentage of the population to suddenly label them as “children”, and strip them of their personal liberty. It is an act that will only result in an overburdened criminal justice system due to the tens of thousands of suddenly new Canadians that have been labelled sex offenders that will result –this cannot be stressed enough-. There is nothing complicated here in respect to the reason for our being here. This is an “open and shut case”. There is no mystery and no amount of prestidigitation will alter the fact that it is a result of an action. There is no true reason for us to be discussing the sexual minorities who are defined as paedophiles, since paedophilia is currently illegal in Canada. In fact the only reason why we are here is a result of a government that has selected to target a portion of the population that are currently adults and divest them of their right to continue to live as the adults they are and have been for hundreds of years. Teenagers aged 14 and 15 year-olds are not children. The fact that they are held culpable as adults and treated accordingly for violent crimes is confirmation of the fact that they are not children. The sexual relations between 14 and 15 year-olds and their lovers are relations amongst consenting adults and have no place being targeted by a Federal Government that has no justification for doing such a trivial thing, especially when there are so many more important and pressing issues in Canada.

It is simply not acceptable to allow an atmosphere to exist in Canada that will permit an individual’s socio-economic class to pose as a barrier to justice. In September 2006, the Government of Canada cancelled the Court Challenges Program once more, despite an independent evaluation done in 2003 that endorsed the Program’s purpose and operation, and despite the renewal of the contribution agreement with Heritage Canada until March 2009. I serve as the legal council for my clients as it is not possible for me to afford to pay for a lawyer, nor is it possible to apply for Legal Aid to cover this Direct Constitutional Challenge. The fact that private, unlearned and oft ill-prepared citizens must represent themselves in the Supreme Court to defend their Constitutional rights is a construct of the Federal Government of Canada. To strike my action as a result of procedural error will do nothing to terminate this conflict that was caused directly through the misdeeds of the Federal Government of Canada. It will not alter the facts of this matter, nor will it end this matter but only prolong it. To strike this action is to interfere in the completion of the “full circle of justice”. It is a misdeed that has served as the catalyst to cause this conflict without purpose. A misdeed committed by a servant of the people and now it is the just indignation of the people that must be faced. To allow otherwise is to permit a shelter to exist from the “full circle of justice” that must not be permitted. We demand that the Attorney General of Canada be held accountable to the people and stand and defend the misdeeds that have caused this conflict.

It is important to take note that we are presently in Canada. Not the U.K. nor Australia, nor the United States of America but in Canada. In Canada we must be proud that we have our Canadian Charter of Rights and Freedoms as a part of our Constitution to protect citizens. It is what makes Canada better than most other country’s and that is why it is the duty of every citizen within Canada to defend our Constitution and the Canadian Charter of Rights and Freedoms that it is a part of. We have it as our great responsibility to serve as leaders in the World and not be followers. While they attempt, we shall accomplish, while they think, we shall know. Canada must remain true to form as a beacon that lights the path of reason and leads away from the darkness of superstition.

There are some within Canada that believe that our country would be better without this Canadian Charter of Rights and Freedoms within the Constitution as they feel it is too litigious. They would like to re-write the Constitution without the Canadian Charter of Rights and Freedoms as well as limit the Judges within the Supreme Court of Justice to ten-year terms. They would like the Supreme Court to be just a rubber stamp of approval for the deeds or misdeeds of the State and to have no power over the actions of such a State. They do not believe that the government is elected by the people to serve the people but rather to dominate and control the actions and even the very thoughts of the people within Canada -not unlike the oppressive sectarian regime of the country of Iran– that’s not Canada. They behave in such a manner as to pretend that in Canada, we have no such Canadian Charter of Rights and Freedoms, but we do. By increasing the age of sexual consent they are attempting to set a precedent that will not be permitted. It has never been set and it shall not be set. It is their actions that display their utter contempt felt towards this Constitution within Canada. It is deeds and misdeeds by which we are judged. Not by empty threats, nor by unfulfilled promises, nay, but by our actions. An object at rest – if it may be said to hold desire – will desire to remain at rest. It takes a catalyst to provoke a conflict where there is none and this is an action.

This conflict currently before us is a result of a misdeed by this Federal Government. It is our responsibility to now correct this misdeed through action. The legal age of sexual consent will be restored to age 14 and all amendments made to the criminal code of Canada that rely on the legal age of sexual consent to be at age 16 will be deemed vapid and therefore will be struck permanently from the code. This will be the end result of all court proceedings, regardless of the time it will take to restore law and order to Canada. Within this country there will be no rise in Classificationist thought above the truth of Universalist thought. There will be no further targeting of minorities and no imposing upon the free Canadian people a foreign “Values System”, that will result in no change, apart from an excessively larger Sex Offenders Registry. This is a deliberate confiscation of personal liberty not seen within this Canada since the internment of the Japanese during WWII. The act of increasing the age of sexual consent is a despicable act itself and raising it 1 year is the same act as raising it 10 years –this cannot be stressed enough-It is the act itself that will not be tolerated. Increasing the age of sexual consent to age 24 will not prevent individuals below the age of 24 from rapists because rapists do not respect the law. A rapist is a rapist because that is what they are and what they do regardless of their age, sex, sexuality, race, socio-economic class etc. We have laws in Canada that deal with rape. To increase the age of sexual consent is to only result in an increase of the numbers of innocent Canadians who can be imprisoned as sexual offenders and result in an additional burden on an already overburdened criminal justice system. There is no good rape and bad rape, there is only rape and all rape is the same. There are no good victims and bad victims but only victims and all victims are the same. There is no good consensual sex or bad consensual sex. All consensual sex is the same for without consent there is only rape.

About me

Communication is very important. In order for us to comprehend a matter we must appreciate the source of this information and so we will discuss here the facts of what we are. Oftentimes an action can only be understood when the motivation behind the action is viewed as a leaning based on the actual point of reference from whence it came.

I am a sexually active Hebephile/Ephebephile (teen lover) and engage in recreational sex exclusively with boys aged 14 to 18 years old. I admit that most of my lovers have been 16 and 17 but there is no reason to refuse the attentions of 14 and 15 year-old boys and I have had numerous lovers who were that age. I do not have relationships with boys. I only engage in recreational sex with them. I am a Humanist/Atheist and a member of The Brights. I regard Human sexuality and expression as a need in terms of Human emotional and mental stability. I regard sex and orgasms as a healthy (when practiced safely), form of recreation and encourage many to pursue their passions and desires without fear or shame but with courage and pride. Since moving to Toronto I’d say that I have had roughly 30 to 40 different lovers over the past 8 years. This is the reason why I will be regarded by the court as an authority on teen sexuality, I am not a rapist nor am I a predator. I am an adult who selects to engage in recreational sex with teenaged boys who are sexually attracted to older men and find me sexually attractive. Harmless, consensual, recreational sexual activity requires 2 or more willing participants. The fact that the present Federal Government within Canada openly chooses to publicly identify itself as a part of the Christian Fundamentalist movement and target all 14 and 15 year-olds for the divestment of their rights and to confiscate the personal liberties of tens of thousands of more Canadians through imprisonment, is disgraceful.

I am a published author and have made a significant contribution to Canadian boylove culture through my book entitled Viamund the Boylove Vampyre Says… Poetry & Haiku’s. I have included the webpage that contains the story of the book as well as a copy of the book – the one that was made through the 3-year contract with iUniverse- until my contract was cancelled as a result of too many complaints from Christian Fundamentalist targeting campaigns. This type of boycotting is trivial compared to hate sites created through Christian Fundamentalist organizations that stalk individuals and encourage illegal behavior against those who do not have the same values as these Christian Fundamentalist organizations. This is something that must not be permitted in Canada.

The Federal Government of Canada has openly allied itself with the Christian Fundamentalist movement and organizations that are not based on nationality but rather on sectarian agendas that extend beyond our borders. Such organizations like the Council for National Policy, Focus on the Family, Family Action Coalition, Wikisposure and other miscellaneous Christian Fundamentalist groups are classificationist and encourage their members to violate laws. The age of sexual consent increase will not “protect” adults from their own Human sexuality and expression. It is a conflict of values whereby we have a government that has abused the power it was granted by the people in order to impose it’s values on Canada. Humanists know that young adults old enough to be persecuted as adults for a violent crime are therefore old enough to consent to harmless consensual recreational sexual activity. Sex is healthy and a need in terms of human emotional and mental stability – this cannot be stressed enough -. Youth must learn about sex safe, contraceptive use, pregnancy, sexually transmitted diseases, the difference between consent verses non-consent in an unbiased manner in order to “protect” themselves. Patterned-power-differentials exist within all relationships to a degree and are not a negative factor in human relationships. Canada must continue to represent pride, courage and truth. Not fear, shame and lies. There is only one truth regardless of the popularity of it. If 8000000000 people claim that the world is flat and only 8000 people claim that the world is round, the world will still be round. The Federal government is guilty of forcing Canadians to change their values or to abandon Canada and flee elsewhere or to face imprisonment. There is nothing petty or frivolous about the need to strike these amendments that were made to the Criminal Code of Canada and restore law and order to our country. There is nothing harmful about consensual sex that has been enjoyed by adults in Canada for hundreds of years but there is something very harmful about a Fundamentalist government being permitted to violate our constitution for no purpose apart from a lie. It is time for truth.

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