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Wednesday, February 10, 2010

GOVERNMENT TRICKS

FROM http://www.natural-person.ca/govtricks.html
This is perhaps the most important page on this web-site.

First Trick:

The first 'trick' of the Government is the re-definition of certain critical words in each Statute (Act). They (the Government) want you to presume the ordinary meaning of the word so as to trick you into reading and interpreting the Statute in their favour. Here is a summary of some of the Trick Words. Two key words that are re-defined in almost every Statute are the words "person" and "individual". There are at least two "person" in law:

A natural-person is a legal entity for the human-being.

An artificial-person is a legal entity that is not a human being.

Here are the exact definitions from Barron's Canadian Law Dictionary, fourth edition (ISBN 0-7641-0616-3):

* natural person. A natural person is a human being that has the capacity for rights and duties.
* artificial person. A legal entity, not a human being, recognized as a person in law to whom certain legal rights and duties may attached - e.g. a body corporate.

You will observe that the natural-person has the "capacity" (i.e. ability) for rights and duties, but not necessarily the obligation. The artificial-person has rights and duties that may be attached (i.e. assigned) by laws.

Second Trick:

The second 'trick' of the Government is to use the Interpretation Act to define words that apply to all Statutes, unless re-defined within a particular Statute. Without this knowledge, you could presume the ordinary meaning for the words you are reading, not realizing that they may have been defined by the Interpretation Act. Unless these words have been re-defined in another Statute, the underlying definitions for the two most important words still apply, either from the Interpretation Act, or the Canadian Law Dictionary. Basically, they are defined as follows:

from the Canadian Law Dictionary we find that:
individual means a natural person,
from the Income Tax Act we find the re-definition:
individual means an artificial person.

from the Canadian Law Dictionary we find that:
person means an individual (natural person) or incorporated group (artificial person),
from the Interpretation Act we find the re-definition:
person means a corporation (an artificial- person),
from the Income Tax Act we find the re-definition again:
person means an artificial person (amongst other things).

In the Canadian Human Rights Act you will see how individual and person are used and how they apply to natural and artificial persons.

Third Trick:

The third 'trick' of the Government is to use both the word "means" and the word "includes" in the definition (interpretation) section of the act. They do this in some critical definitions that they want you to misinterpret. It is important to understand the difference between "means" and "includes" when used in definitions. Previously we believed that "means" and "includes" were interchangeable, however after much study of many statutes, we now have a revised belief, as contained herein.

Here is the interpretation of "means" within statutes:

Basic Form: subject means objects;

Effect:

1. means implies a substitution of words.
2. means creates a new definition for the subject.
3. the subject does not need to be pre-defined.
4. the objects need to be pre-defined.
5. any pre-existing definition of the subject is replaced by the objects.

Example from the Bank Act:

"person" means a natural person, an entity or a personal representative;

Interpretation of the above Example from the Bank Act:

Any pre-existing definition for "person" is substituted with the given objects, so when person is stated in the Bank Act, any or all of the objects are used in place of the word person.

Here is the interpretation of "includes" within statutes:

Basic Form: subject includes players;

Effect:

1. includes implies a one-way attachment of the players to the subject.
2. includes does not create a new definition for the subject.
3. the subject needs to be pre-defined.
4. the players need to be pre-defined.
5. any pre-existing definition of subject is still effective.
6. any player can play the role of, or act as a replacement for, the subject.
7. a subject may not play the role of, or act as a replacement for, any player.
8. includes implies attachment for role-playing - the players may play the subject's role in the Act but not vice versa.

Example from the Income Tax Act:

"employee" includes officer;
"corporation" includes an incorporated company;
"insurance policy" includes a life insurance policy;
"taxpayer" includes any person whether or not liable to pay tax;
"person", or any word or expression descriptive of a person, includes any corporation, and any entity exempt, because of subsection 149(1), from tax under Part I on all or part of the entity's taxable income and the heirs, executors, liquidators of a succession, administrators or other legal representatives of such a person, according to the law of that part of Canada to which the context extends;

Interpretation of the above Examples from the Income Tax Act:

An officer may play the role of an employee, but not vice versa. For example, any employee (pre-defined - may be a waitress) may not play the role of a Judicial Office (an officer). Within the Income Tax Act, both employee and officer are pre-defined by the use of the verb means.

An incorporated company may act as a corporation but not vice versa. For example, any corporation (pre-defined - may be unincorporated) may not act as an incorporated company.

A life insurance policy may play the role of an insurance policy but not vice versa. For example, any insurance policy (pre-defined - may be house insurance policy) may not play the role of a life insurance policy.

A person (including a natural person) may act in the capacity of a taxpayer but not vice versa. For example, any taxpayer (pre-defined - may be a corporation) may not act in the capacity of any person (especially a natural person).

A corporation (including an incorporated company) may act as a person, but not vice versa. For example, any person (e.g. an individual, or a natural person) may not act as a corporation.

Here is the interpretation of "means and includes" within statutes:

Basic Form: subject means objects, and includes players;

Effect:

1. means creates a new definition for the subject from the objects.
2. the subject does not need to be pre-defined.
3. the objects need to be pre-defined.
4. the players need to be pre-defined.
5. any pre-existing definition of the subject is replaced by the objects.
6. and includes implies a one-way attachment of the players to the new subject.
7. any player can play the role of, or act as a replacement for, the new subject.
8. a new subject may not play the role of, or act as a replacement for, any player.
9. means and includes implies a new subject definition with an attachment for role-playing - the players may play the new subject's role in the Act but not vice versa.

Example from the Interpretation Act:

"province" means a province of Canada, and includes the Yukon Territory, the Northwest Territories and Nunavut;

Interpretation of the above Example from the Interpretation Act:

Any pre-existing definition for "province" is substituted with "a province of Canada", and any of the players (Yukon Territory, the Northwest Territories and Nunavut) may play the role of a province, but not vice versa. For example, any province may not play the role of Nunavut.

The use of the word includes is key to understanding your potential loss of natural-person. This is the major trick used by the Government in an attempt to take away your natural-person rights. Unless you know this, you will voluntarily forfeit your rights. Now that includes is no longer believed to be restrictive, you have to look eslewhere in the statutes to find out where your rights, as a natural person, are preserved. Your rights will be upheld somewhere, you just have to find out where.

Fourth Trick:

The fourth 'trick' is directly attributable to a defect in the English language in respect of the verb 'to be'. In the English language there are many different meanings of the verb 'to be' and the reader/listener may misinterpret the intended (or 'trick') meaning and thereby draw the wrong conclusion from its use.

The two different and distinct meanings of the verb 'to be' which concern us are: the one meaning which relates to the essence of the subject (such as the table is made of wood; he is strong) and the other meaning which relates to a temporary location or position (such as the table is over there; he is a swimmer).

To be succinct, the two relevant meanings of interest, in this 'trick', may be summarized by the following simple definition:

to be, means 'to have the essence of, to exist or live' (in the sense of essence), or 'to occupy a place or position' (in the sense of location or position).

By the way, the noun 'essence' requires the helper verb 'to have'. Be careful with 'exist' because an artificial person can 'exist' on a piece of paper somewhere in a file, but an artifical person cannot exist as 'living'.

Now to utilize the Fourth Trick associated with 'to be', a judge may make a ruling as follows:

"a natural person is a taxpayer", or "a natural person is a driver"

which immediately translates into the valid conclusion, with regard to occupying a position (because someone has to do the paperwork), that:

"a natural person occupies the position of a taxpayer"

However, a judge cannot make a ruling that:

'a natural person has the essence of a taxpayer'
'a natural person lives as a taxpayer'

because human rights are immediately violated and slavery woud be condoned by the judge.

The conclusion, in respect of the Fourth Trick, is to be careful when reading the word "is" and check for 'essence' or 'location'. What you think you read may not be in fact what you really read.

You can very quickly get clarification by asking: "When you say is, do you mean occupies a position, or do you mean has the essence of (lives as)?" With this question you will immediately expose any 'trick' which is being utilized.

Spanish is one of the few languages which has maintained a distinction by having two separate verbs; the verb 'ser', derived from the Latin 'esse' (English 'essence'), is used 'to have essence'; and the verb 'estar', derived from the Latin 'stare' (English 'state'), is used for a 'temporary location or position'.

Fifth Trick:

The fifth 'trick' is for the benefit ouf our American readers. It relates to the definition of the term National Security and the use of that term as an excuse to hide information from the public. In fact, it appears that the term National Security really means 'to protect the government structure and its operatives', and has nothing to do with protecting the American people themselves, as they mistakenly believe.


"Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,"
(Preamble - Universal Declaration of Human Rights)

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