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Thursday, November 26, 2009

Happy Thanksgiving

The United States of America is celebrating what I refer to as the holiday of reflection: Thanksgiving. Come Thursday 26th November 2009 (the day designate) many people in the USA and around the world will take timeout for honest reflection, for the many cause they have to be thankful.

Like the millions of American I am taking this opportunity this thanksgiving to give thanks for all of the wonderful things and the uplifting experiences that made up my recent and distance past; I am also taking this opportunity to give thanks for the all of the adversities and the misgivings I experienced over the period. For it is those adverse events that inspires character growth in sincere, honest and decent people who are wise enough to look for the teaching/learning moments such unfavorable experiences presents.

Although we avoid speaking of such because of the pain that is associated with awakening the bad memories, it is important to know that it is these moments that is responsible for shaping our character and what makes us the unique people that we are. It will do us good, to move towards healing, put away the bitterness and embrace such unfortunate events as just another of life’s adventure.

This thanksgiving, we must also bear in mind that before we can be truly thankful we must first learn to forgive those who have trespassed against us; for it is only by forgiving that we can truly be appreciative of life’s experiences good and/or bad. How can I be thankful for favor or blessings we did not deserved yet we allows the hate that manifests itself in our heart from allowing us to extend the same favor to another (the person I hate) in need.

I have so much to be thankful for, I am thankful that Jehovah have be store his favor upon me and for blessing me with the prayers of some of the most supportive, confidential, objective and loving family and friends a man could ever asked for. They may not be many but that are just what I need.

I am also thankful to Jehovah for blessing me with a clear mind, which allows me to function above that which is average; for a range of knowledge and the ability to grasp, understand and to apply new concepts with very little ease; for blessing me with wisdom to disown, analyze, and to put things into its proper prospective; but must of all; I am grateful for the ability to honestly, fearlessly, unselfishly clearly communicate my thoughts with others even in the face of possible adverse repercussion.

I am thankful for the fact that the promises of plenty did not caused me to turn a blind eye to the actions of dishonest men, that the love for and of money have never inspired my actions, that prestigious associations could not influences my honesty, and the hope of a handout have never interrupted the effective function of my conscience.

I also give thanks for the opportunity to legally exist in the greatest democracy on earth; where boundless opportunity awaits all: The United States of America. This mighty country where it is impossible for detractors, who dwell in the world of small insecure minds and are engulfed in their petty prejudices to block your path to success and doom you to failure. A place where the impossible dreams are realized and hard workout, talent and valiant efforts are rewarded; a place where redress is guaranteed and there is a place even for the weak. This is not to say that the USA is a perfect place but it is a place where Justice is treasured.

An as always, when the bad times come I will remind myself using the words of the great Vincentian Poet Michael John the Black Messenger:

"I am a winner, my will grows stronger every day. I am that victor; one thing they can never take away. I know the bottle is hard but the struggle is not in vain, each time I stumble and I fall: I WILL RISE AGAIN."

Finally, I must thank Jehovah for my tomorrow and all of the blessing tomorrow has secure for me. For the drive he had placed within me, the willpower I am going to need to persevere in the months ahead, for the strength to break down new barriers, the guts to scale the heights I am going to reach, the drive to attain my new accomplishment that awaits me but most of all I thank Jehovah for ensuring I remains humility, consistent and simple.

Wednesday, November 18, 2009

The Guiding Principles: What Are They?

it is unfortunate that some supporters of the Vote Yes Campaign are using aspects of the "Guiding Principles" as enforceable laws of the constitution. This is done in an effort to convinced members of the Vincentian community to support their cause and on the 25th November 2009 the community may join with then and vote Yes in the Referendum and thus enact the constitution act 2009 the Supreme law of S.V.G. apart from being unfortunate it is shameful that responsible men will act so immature and dishonest on a matter of national importance.
Although I heard many legal professional speak of the "Guiding Principles" that are apart of the Constitution act 2009; apart from referring to them and the way they are being used no one took the time to explain to the public in simple understandable language (English) what are the Guiding Principles? Why such are apart of the Constitution? And the relevance of such in the context of the body of law?

What are the Guiding Principles?
The Guiding principles are a group of principles that were taking into consideration by the drafters and others participant who were involved in the construction of the Constitution. The Constitution should be based on these principles and therefore they should be reflected within the document. the principles that are held dear and are widely practiced in and by the community. Every action, meeting, discussion, consultation and any other activities that took place as part of the construction process of the final document, in this case: the Constitution Act 2009. The Constitution should have evolved with these principled at the fore. In other words, the guiding principles should have been the light which lit the part that led to this document. Why do I get the impression that the guiding principles were thrown together along the way or even after the constitution was completed.

Every constitution is divided into two section the enforceable section (the law) and the none enforceable section (areas such as the guiding principles)

Why are the Guiding principles a part of the Constitution act 2009?

There are two important reasons why the Guiding Principles are apart of the Constitution act 2009 even though they are not laws. These reasons are:

  • The Guiding Principles give those who reads the constitution a better understanding of certain aspect of the enforceable part of the constitution as well as; it give others a clear understanding of the principles on which the law was founded.

  • The Guiding Principles also gives the ordinary individuals as well as those who are endowed with the powers to interpret and make ruling on such laws a guide line as to what objective the people were trying to meet or accomplish, what situation they were trying to address, what conditions they were trying to prevent and what aspect of their life they wanted to protect or what were they guarding against.
So although the Guiding Principles are not enforceable laws, they play a very important interpretive role that will provide a better understanding what was the intention of the of the people when they create this document. (the enforceable section of the constitution act 2009).
Let me give you a practical example of how the guiding principles work.

Let us use for a point of example the first of the Guiding Principles as recorded in the document at 5 (1) which deals with the sovereignty of the people (the people are responsibility for their own affairs). The enforcable section of the Constitution should seek to outline in detail, the means by which the people will be so empowered and how are they are going to excersise their sovereign rights as a people. Nothing in the enforceable laws should seek to erode the sovereignty of the people but to promote such.

lets take a look at the enforceable section of the Constitution to verify whether the body of this document seek to facilitate the empowerment of a sovereign people.

We can see structures such as the establishment of a government as, the establishment of a boundaries commission, the protocol that deals with the election of Representatives and senators, and the other checks and balances to ensures (to a certain extent) that the people remains sovereign and therefore exercise their sovereignty by democracy.
But there are also somethings in the Enforcable section of the constitution that create a threath, not to the soverignty of the country but to the country being a soverign demacracy, by the ease at which the constitution can be tampered with.

any aspect of a cultural, moral, ethical, social practice and belief that is included in a nation's constitution is a sign that these are aspect of their practice and belief that the people cherished and believe should be upheld and protected for the benefit of the current and future generations.

It is therefore dishonest and unconscionable for anyone to promote the guiding principles as enforceable law. I hope it is not a case of: "if you keep the people ignorant you will rule them better."

NEW TOPIC: The Challenge Issued.

It is important for all to understand with the exception for the Constitution parliament has the power to amend, nullify and or make new laws. Parliament also has the power to enforce such new laws, amendment and nullification of any piece of body of law with a majority vote in the house of Parliament. such laws includes any law that is currently enforced.

although it is my legal, and moral conviction that Homosexuality is an inexcusable and vile act; however, the precessing paragraph is the foundation I have laid to make a bold Claim base on the laws of St. Vincent and the Grenadines. I am not only making a bold claim I am also going to challenge any of the Superior legal minds in St. Vincent and the Grenadines or any where in the world to prove me wrong.

On the issue of same sex marriage: there is nothing in the current laws or the new Constitution Act 2009 of St. Vincent and the Grenadines that can prevent two people of the same biological sex or social gender from getting married in St. Vincent and the Grenadines. and those who use the argument of the Buggery laws of the criminal code and the gross Indecency law do not have a practical or legal argument that can convince a Judge that it is illegal for two people of the same sex who want to get married from getting married.

Sunday, November 15, 2009

An Open Letter to Leader of the Opp: Arnhim Eustace

Rt. Hon. Arnhem Eustace (Leader of the Opposition& the N.D.P)
C/o N.D.P Headquarters
St. Vincent and the Grenadines

Dear Mr. Eustace,

It is with a tremendous level of humility, that I take this opportunity to write this letter to you; to address a situation that has the potential to escalate into a national catastrophe. One that can have a long lasting and devastating effect on your liberty and the liberty of the people of St. Vincent and the Grenadines. I speak of the referendum which will seek to enact the proposed St. Vincent and the Grenadines constitution act 2009, which was passed in the house of Assemble by default on 3rd of September 2009.

Recently I received and reviewed a copy of revised document and I was shock by the quality of the document, the Government of St. Vincent has invested so much time, talent and resources to produce. I am also shock that a man like Ralph Gonsalves who holds a PhD. In political science and a LLB in Law along with his cabinet could be so legally dumb to have sanctioned such a poorly prepared document and take such document to the house for the approval of intelligent men like you, the Major, Dr. Lewis among them.

This lead me to asked the following question, Have my friends Mike Brown and the other former educator in the ULP lost their ability to comprehend written English language? are they no longer interesting in educating the nation’s people? how can they actively participate in the miss-education of the people they say they love? Did Rene Baptiste the prolific lawyer, and a woman whom I like; take the time to review this document? Rene do not strike me as one to knowingly betray her country and her people. I know there is more to the efforts of the Unity Labor Party Government than that which meets the eyes or as members of the aged population (old people) will say: “there is more in the mortar than the pestle.”

I do not have to tell you that St. Vincent and the Grenadines is now the laughing stock of the every government and their people in the western hemisphere, even the ordinary man who was afforded the opportunity to examine this document are crying shame on us as a nation. Do you know that, associations such as the Netball, Basketball, Volleyball and other sporting association has stronger constitutions for the management of their affairs, when compare to the Constitution act 2009, which is to be used as the supreme law of a sovereign nation? This whole sorry affair is like a humorless joke and no one in their right senses is laughing.

Could Ralph and his cronies be so ignorant, that they will allow such a pathetic document to be put forward to the people, for our approval as the supreme law of this sovereign nation? Ralph Gonsalves is attempting to cause the realization of our greatest fears; which is, to trick us into allowing him to treat the people of St. Vincent and the Grenadines and their resources in the same manner he currently treats the office of the Director of Public Prosecution and the Police Force. Whatever his plans are, we cannot allow them to be realized; the price will be too high, even higher than the people of St. Vincent and the Grenadines should be allowed to pay. Mr. Eustace this is the reason we are relying on you to ensure that such do not happen.

I know that you are the people’s voice and you and your team have been working tirelessly to educate the people of St. Vincent and the Grenadines so that they could make an informed decision and vote against this snare (the constitution act 2009). I do not know your entire plans in accomplishing such an important task; however, at this late hour; I will like to make some suggestion which I hope you will give serious consideration to.

To lose an election due to fraudulent means to any political group, is one thing and although it is a serious infringement on honesty, democracy and the constitution; the stolen term will come to an end and the electoral process will come around once more, giving those who lose, the opportunity to take corrective measures thus ensure that such miscarriage of democracy not happen again. However to have the constitution act 2009 of St. Vincent and the Grenadines be approved in a referendum by fraudulent means carries with it, a far greater price and far more severe consequences.

I have taken the temperature of the situation on the ground and I have no doubt that the people will vote against enacting of the Constitution act 2009 in the referendum, and this will result in Ralph, and his evil intention (will) lawfully suffer a devastating defeated. However, I know for a fact, in this case the voice of the people will not be heard. I know that Ralph Gonsalves and his dishonest group have already put the machinery in place to secure a victory by fraud.

This is serious times, and a referendum victory even by fraudulent means only opens up the way for Ralph Gonsalves to ratify the necessary changes to the constitution to ensure that he enslave Vincentian in the same manner Hugo Chavez now enslaves his people using fear as his whip.

You have to understand that Ralph Gonsalves has too much to lose not to have the constitution act 2009 approved by the people he dislike and too often disrespect. There is no secret that the result in the referendum is an indicator of how the next general will go for the ULP Government. Ralph Gonsalves is fully aware that he cannot afford to have the reign of power pry from his fingers by the will of the people of St. Vincent and the Grenadines. He is fully aware that a new administration and a different Director of Public Prosecution, he could be made to stand trial for the rape and sexual assault of the police officer and the sexual assault of the Vincentian/Canadian human Rights lawyer. This is a chance he cannot afford and is not willing to take. I know that although Ralph’s victims are silent now, they are uncomplainingly awaiting their day in court.

Now, I will recommend that we call upon international observers, to over see the referendum; I will like to also suggest that you use your most trustworthy and vigilant of supporters to monitor the poles. These pole monitors must be very militant they should be outfitted with micro recorders and even mini video recorders to document any irregularity that may occur in the station before, during and after the voting. We do not want any ballot boxes to be discovered in any hiding places after the fact. In conclusion let me remind you of a fact I know you are aware that Ralph Gonsalves cannot be trusted; however I say again do not put anything pass him for Ralph Gonsalves is desperate and is willing to do anything to hold onto the reign of government at all cost.

Thursday, November 05, 2009

Sandy's Vacation

While residing and working on the island of Bermuda, I had many wonderful experiences. And for your pleasure I will take some time to share with you one such event that shivered my timbers with the ultimate in fun. So I introduced you to the short titled Sandy's Vacation.