Either errors in legacy IE or not working in IE 9 & 10

I developed this off-canvas navigation that works with CSS3 transitions and jQuery when not supported. It currently works in all modern browsers that support CSS3 transitions and IE 9 & 10.

However, it does not work in IE 8 and less. I am getting weird errors that I do not understand in the developer tools.
One of them is that an object is expected and the other I believe is that jQuery hasn’t loaded yet, so the jQuery syntax is not recognised.
When I attempt to encapsulate the js / jQuery in a $(document).ready() so that it is loaded after jQuery, I lose support in IE 9 and 10 and wherever else CSS3 transitions are not supported and modernizr loads the jQuery.

I would greatly appreciate any and all help in fixing these errors and issues and getting the script side of this to work in as many versions of IE as possible. And isn’t jQuery ( through 1.9 at least ) supposed to work in IE 6 and above ?

Here is a link to a running, live example: https://dl.dropbox.com/u/270523/menu.html

Thank you very much in Advance,
Team 1504