Foreshore Freedom Awareness. Anti-smear Project. Call for Evidence of Erroneous and Fallacious Violations. Ticket the Ticketer. Call for Potential Legal Challenges. Busybody Awareness. Sleeping in Vehicles Project.
Foreshore Freedom Awareness.
An awareness project reminding the public that the foreshore (the portion at the edge of the sea that is alternately flooded and dried out by the tide) is, in fact, public property and is available for all to use. Specifically, any portion of beach or foreshore that, at the highest of high tides is covered by water, is public property at all times, high tide and low tide.
Waterfront properties, docks and private signage often give the impression of foreshore ownership but foreshore areas are, in fact, available for all to enjoy.
Private docks adjacent to waterfront properties are located on public property at no cost to the owners. This generous public privilege (the use the foreshore for docks) often leads those same property owners to presume some right to control the use of bays, channels, anchorages and safe harbour by mariners. Brazenly, and to this end, they attempt to elicit the support of municipalities, whose land base also ends at the highwater mark. Increasingly municipalities, using trumped up maritime jurisdictions, implement municipal harbour authorities or parks that operate under erroneous pretenses. The landowners, discriminating against mariners, get the backing of public coffers in their discrimination. Public awareness of the good graces that enable land owners, and municipalities to use the foreshore serves also to remind them that the foreshore is not theirs, and that any restriction of use caused by their attempts to control free maritime activity necessarily must also apply to their own use including docks and vessels. The bottom line is, by virtue of international law, waterways remain one of the last bastions of real freedom.
S.E.R.F’s Foreshore Freedom Awareness project is a front-line real freedom project that protects and promotes an existing freedom against erosion.
Municipalities, local governments and careless news media have become accustomed to painting nomads and off-grid individuals and families as undesireables, as sanitation risks, as safety and security risks and as unsightly. They are portrayed as part of low cost housing crises, homelessness problems and lacking in access to mental health resources and social services. Real freedom is a solution for many. A positive life choice that deserves positive press and respect from society for it’s role in social pioneering. Our Anti-smear project aims at reframing positive lifestyle choices through various means including public relations and suits against local governments that promote hatred against a class of people through rhetoric, misinformation, and innuendo.
Call for Evidence of Erroneous and Fallacious Violations
It happens every day. Authorities with the full backing of local governments and well funded public (and private) legal departments intentionally issue tickets, warnings, notices and directions citing vague, alleged violations of fallacious laws and regulations.
In many circumstances the target complies without a challenge for fear of implied or innuendo of consequences for non-compliance.
In the vast majority of cases the target doesn’t contest the alleged violation because the effort to do so is, in the extreme, more arduous, time consuming and costly than the effort the authority exerts in writing the ticket or notice. Contesting a violation in a court of law, even if successful, bears little fruit in the form of justice when time, money including lost wages, travel and mental anguish is all tallied. In other words, it’s just easier to comply, regardless of whether or not the alleged violation is legitimate. Targets often pay fines or comply with orders. In the rare case when they do contest a ticket the case is often dismissed, offhandedly, and the fallacious enforcement continues unabated, with no consequence to the authority.
All too often authorities, those we perhaps wrongly expect to set the example of good virtue in society, intentionally use misleading or untrue language to induce compliance at their whim or at the whim of their higher-ups in alignment with mandated objectives. Mandated objectives achieved through coersion not through law and legitimate regulation. Mandated objectives that are set by one class of people against another class of people to compel them to surrender their way of life to align with the mass of people.
Examples abound of authorities providing notices, tickets, citations, orders and directions that when put to the test, have no basis in law whatsoever and are unenforceable. And yet they continue.
S.E.R.F is creating a dossier of evidence of erroneous and fallacious alleged violations, tickets, orders, directions, notices and citations. We’re also seeking videos of authorities uttering falsehoods and citing fallacious regulations suspected to be untrue or that are questionable at law. Additionally we are interested in any information or tangible proof of the nuisance against a class of people demonstrating an authority using, not the law, but intimidation by vague generalizations, official looking uniforms, body language, loud motors, innuendo, ticketing, carding (repeated and subsequent requests for contact information), inconvenience, official visits to dwelling rather than phone contact, threats of legal action, belittling, racial, sexist or generally recognizable signs of bully-like behaviour, machismo or overt physical prowess that seeks to undermine the security of their target and characterize their target as in the wrong whether or not, in fact, they are.
Anyone that would like to contribute their experiences please send them to email@example.com. For video we suggest private Youtube links.
The Society for the Enhancement of Real Freedom accepts no responsibility for the actions of any party before, during or after the capturing or collecting of information for these purposes. Utmost diplomacy and discretion is advised at all times when dealing with authorities regardless of whether their actions, efforts or allegations are erroneous or otherwise.
Call for Potential Legal challenges.
SERF seeks high-leverage litigation opportunities and charter challenges that have potential to set legal precedents and further the cause of real freedom.
Areas of particular interest at the moment are bylaws that state, effectively, that “if a portion of this bylaw is held invalid by a court of competent jurisdiction then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section” or; the provisions of this bylaw do not apply except where the provisions are consistent with the applicable Provincial Acts and Regulations.
These qualifying clauses place the onus of proof upon the individual to challenge the validity of the bylaw at a court of competent jurisdiction at great personal expense of time, money and peace of mind. Furthermore a loophole stating that the bylaw “does not apply” places the onus, once again on the individual to become fully conversant in the bylaw and each applicable Provincial Act and their regulations, without the aid of a taxpayer funded legal department, thus leaving the door open for erroneous bylaws to be included and enforced until determined to be unenforceable!
While it seems incumbent upon a citizen to avail themselves of legal advise and to become conversant in legalese it creates a theatre wherein the arrogant council and its bylaw and legal department as haughty Goliath pits itself against the individual. The proverbial David. There is no room for clauses in a bylaw that can be used fallaciously to oppress an individual or a sparce and disparate class of people. Their lack of organization or financial means can never be the traction used to gain advantage over them. When a municipality with deep pockets and well funded legal department is knowingly oppressing a class of people through clever legal maneuvering, the problem reveals itself as systemic and the bylaw needs to be gutted and vetted by a court of competent jurisdiction and appropriate punitive and/or reparatory sanctions levied against the municipality. We have a constitution, a charter of rights and freedoms AND international law that should safeguard against fifedoms. All bylaws should be drawn from these highest of documents down, not from the pettiest of it’s citizens up.
The Society for the Enhancement of Real Freedom endeavours to use established structures of law to ensure safeguards are adopted to erode the dominion of oppressive councils and discriminatory communities.
Ticket the Ticketer
Record-keeping is an important part of keeping track of violations so that they can be dealt with in a timely and efficient manner. Authorities often issue official numbered tickets to record a violation. Too often though tickets are issued or threatened as a passive aggressive, albeit unenforceable, threat intended at disrupting the peace of a target. The Society for the Enhancement of Real Freedom is experimenting with the idea of “ticketing the ticketer”. In situations where regular visits by private or public authority become habitual, and disruptive with little or no legal grounds for it, the targeted individual can very cordially request available details from the authority personnel, write them down on a numbered “ticket” and provide the official with a copy for their records. A copy of the “ticket” can then be photographed and sent to S.E.R.F for our records and to get a sense of different problem areas and authorities. It also also serves as notice to the authority that records are being kept and that advocacy is tracking their activities.
“Ticket the ticketer” says to authority that the targeted person is not alone. That they may have some recourse. That the authorities’ actions are being noted and recorded and may form evidence in defense of the targeted person or in legal action against the authority or its employees in a law suit.
It’s a terrible name. Busybody. But it’s a big problem. Of course, we all want to do our part to fight crime and look after our neighbours. It is the essense of community. But all too often it’s discrimination. Singling out those that stand out and reporting them; exercising power anonymously against a person you dislike or disagree with and setting the authorities on them. Some authority. Any authority. Whether it be the police, bylaw department or a security company. This is the realm of the “we only enforce it if someone complains” bylaw or, all too often no bylaw even exists.
In many cases, authorities, feeling pressure from an adamant individual, send out someone in uniform to inflict the wrath of the complainer. Anonymously gratified to see the authority has done their bidding against their target the busybody recognizes their power-of-one and remains at large. A squeaky wheel. Meanwhile the authority symbiotically receives validation of it’s purpose…its raison d’etre. It’s no surprise that some municipalities have limited the number of complaints per year by any one individual.
In the case of the if someone complains bylaw the target is faced with compliance at the behest another individual! Had no one complained, they would not have been targeted. This makes the busybody simply a ratified complainer. A democracy of one. In the case where the busybody has no bylaw as reference, but a strong will and adamant self-righteous attitude, they often compel authorities to act on their behalf. The complainer is indulged because the proverbial “squeaky wheel gets the grease”, and so, using vague authority and simple intimidation the enforcer, be it private security personnel, public authorities or employees of private companies under orders, contacts the target with an air of authority, gives them directions, cards them, cites them, issues a ticket and using innuendo threatens or implies action that would severely inconvenience or endanger the target.
This is the rarely spoken of realm of the busybody. They create enough annoyance that their will is brought down, anonymously, upon a target by using authorities as their agent. This is not Crime-Stoppers at work. It is the work of unpleasant people whose discrimination and haughty false-virtue work together to push authorities into a role of public nuisance by proxy.
Again, doing our part to look after our neighbours is the essence of community. Busy-bodies are the antithesis of good community. They are mean, spiteful, selfish, petty, controlling individuals that would hold their community on a leash, micro-managing every element; Busybodies are the seed and sower of every ill-drafted bylaw.
By shining a bright light on busybodies and their negative role in community The Society for the Enhancement of Real Freedom helps lead the way in the pioneering of wholesome, kind neighbourly communities for the benefit of all.
Sleeping in Vehicles Project.
Sometimes enforcers, lacking a legitimate law or regulation to cite, will cite imaginary laws and regulations to fit a given situation. To speak plainly, they lie. They cite a law that doesn’t exist to compel someone to comply with a law that simply does not exist. One example of this is the no sleeping in vehicles “bylaw”. Every day, fallacious “pseudo-laws” are used by enforcement to compel targets to move to another jurisdiction.
Recently it has come into popularity with municipalities to actually pass into law “no sleeping in vehicles” bylaws. It lends the enforcing agent an air of validity to cite a specific law thus compelling the target to either comply or face consequences.
One doesn’t need to dig very deeply into such a law to see how preposterous it is. And yet, municipalities create these bylaws, with disavowance clauses that state that the bylaw is enforceable unless denied at law by a court. This puts the onus upon an individual of private means to edit the bylaw through a lengthy, costly, self funded legal battle against a publicly funded legal department.
This project seeks to set a precedent at law that holds local governments and councilors accountable for measuring their bylaws, in the first place, against the charter of rights and freedoms so that preposterous blatant misuses of power such as these will cease to occur.