How the Charter of Rights let Canada down

BY YUAN YI ZHU | UNHERD | FEBRUARY 18, 2022
If Canada has a sacred cow, akin to the NHS in the UK, it is the Canadian Charter of Rights and Freedoms — a constitutional bill of rights added to our constitution in 1982. As a national symbol, it is more popular than the national flag, the national anthem, and even hockey. Many Canadians can barely imagine that other, more benighted, lands might also have put some fundamental rights down in writing.
This would normally be harmless enough. Canada is after all a young nation, and nations need symbols. But the Charter, though full of admirable sentiments, has also infantilised Canadian politics and public discourse. A vague document full of broad promises coupled with important qualifications (rights are subject to limits as “can be demonstrably justified in a free and democratic society”) and exceptions (judicial interpretations of rights may be subject to legislative override under s. 33, the notwithstanding clause), it has enabled generations of Canadian judges to act as supreme legislators by interpreting it in all sorts of creative ways, striking down disfavoured legislation at a whim.
Only a few months ago, for instance, a Canadian court ruled that it was unconstitutional to require prospective schoolteachers to pass a basic maths test — the Charter, you see, forbids this, because equality rights something-something. No policy of any importance is implemented without the courts, and usually the Supreme Court of Canada, chiming in, which suits politicians admirably because they can fob awkward issues to the judges in that way.
This is where the Canadian trucker protests come in. Earlier this week, the Trudeau government invoked the Emergencies Act to stop these protests, which have now lasted for almost two months. The Emergencies Act, which replaced the bluntly but honestly named War Measures Act in 1988, gives the power to the Governor-in-Council (in practice the Cabinet) to declare an emergency. Once an emergency is declared, the government can impose a host of drastic measures by executive fiat, subject to parliamentary review within seven days.
The measures the Canadian government have imposed make for uneasy reading, whatever your view on the trucker protests. They not only make it illegal to participate in or travel to the protests, but also to give money to any protester or to provide them with car insurance — while making it legal to freeze their bank accounts without a court order. In effect it makes it impossible for many of them to earn their livelihoods, or simply to live (Canada being such a large country, large parts of it are unliveable without an automobile, and driving legally requires car insurance). They also give the government the power to force tow truck drivers to provide their services to the government. Breach of these regulations carries a maximum of five years’ imprisonment.
The international reaction was distinctly queasy. Even outlets such as the New York Times, hardly the natural ally of protesters against Covid restrictions, saw those measures for what they were: a “temporary suspension of civil liberties”. But the Times quickly backed down after being bombarded with tweets by Canadian journalists and politicians angry with that description.
Bob Rae, Canada’s ambassador to the United Nations who was once one of Canada’s leading politicians, tweeted out the following representative gem:
The Preamble to the Emergencies Act states clearly that it is subject to the Charter of Rights. Contrary to what the NY Times has stated, civil liberties have not been suspended in Canada. Get a grip. – BOB RAE, TWITTER
But by any definition, freezing someone’s assets without due process is a violation of civil liberties. Likewise depriving people of their livelihoods or taking away people’s right to refuse to perform work for the government. You may think that these violations are justified, but that doesn’t change the fact that they are violations.
But Canadians’ grasp of the constitutional facts have been so atrophied by decades of unthinking Charter worship that many are no longer able to think about rights independently of it, to see that rights do not begin and end with a piece of paper with an impressive title. Just because the emergency decrees pay lip service to the Charter doesn’t make them any less rights-violating.
Ultimately, the best protection for rights is not any particular piece of legislation, but a robust societal consensus in their favour, as well as active thinking and discussion about their parameters. Through the Charter, Canadians have gained a constitutional guarantee for certain rights formulated in abstract terms, but may have lost much of the cultural wherewithal necessary to sustain a broader culture of rights. Would-be constitutional tinkerers in the United Kingdom and elsewhere might want to take note.
Share this:
Related
February 19, 2022 - Posted by aletho | Civil Liberties, Timeless or most popular | Canada, COVID-19 Vaccine, Human rights
3 Comments »
Leave a comment Cancel reply
This site uses Akismet to reduce spam. Learn how your comment data is processed.
Featured Video
Operation Choke Point 2.0 (2023)
or go to
Aletho News Archives – Video-Images
From the Archives
Russian gas sector should not be sanctioned – EU energy chief
RT | August 28, 2014
Russian gas sector should not be subjected to EU sanctions despite the situation in Ukraine, EU Energy Commissioner Gunther Oettinger said Thursday.
“Gas is not a suitable sector for sanctions, as in this case everyone will lose – Russia, Ukraine and the European Union,” RIA Novosti cites Oettinger as saying.
EU Energy Commissioner insisted on a quick resolution of the gas dispute between Russia and Ukraine.
“We need a solution that prevents an escalation between Ukraine and Russia,” he told German broadcaster ARD. “We need Ukraine as a transit country. Ukraine needs gas in winter. In a long and cold winter, Ukraine will not have enough stored gas of its own.”
He also acknowledged that in case Ukraine is left without gas supplies in winter it may steal Russian transit gas on its way to the West.
According to Oettinger by the end of October the European Union should develop a concept that provides each bloc member with warm homes, financing of infrastructure and maintenance of industry for the period from November to March. … Full article
Blog Roll
-
Join 2,730 other subscribers
Visits Since December 2009
- 6,969,698 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Da’esh Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen ZionismRecent Comments
Bill Francis on Keir Starmer’s Censorship… papasha408 on US House passes bill to impose… carol on Trump posts video slamming Net… Chris Moore on Trump posts video slamming Net… roberthstiver on Israel blocks UN probe into al… roberthstiver on Trump posts video slamming Net… roberthstiver on Trump posts video slamming Net… carol on Trump posts video slamming Net… Chris Moore on Trump posts video slamming Net… ekain3 on Trudeau’s West Grey accuser wa… ekain3 on Trudeau’s West Grey accuser wa… John Edward Kendrick on American Airlines crew members…
Aletho News- Slovakia threatens to block Ukraine aid over gas transit dispute – media
- NATO pledges $2 billion in military aid for Ukraine at Ramstein meeting
- Scholz’s Cabinet Blocks $3 Billion Urgent Aid Package to Ukraine – Reports
- US House passes bill to impose sanctions on International Criminal Court
- Lebanon parliament elects Aoun as president, ending two years of deadlock
- 150 EU officials expected to monitor Elon Musk conversation with Alice Weidel, possible ban on the table
- Pro-Western Georgian ex-president appointed to US fellowship
- Ukraine offers to replace Hungary in EU
- Hungarian news portal calls Biden’s decision to sanction minister ‘a slap in the face’
- UK special forces had ‘golden pass’ to get away with murder – officer
If Americans Knew- Blinken Declares Genocide in Sudan But Refuses to Acknowledge Genocide in Gaza
- Blood Splattered Madness
- Knesset members urge IDF to destroy Gaza’s food, water and power
- ‘No Civilians’: IDF Soldiers Reveal Killings, Lawlessness in Gaza
- Israel commits atrocities in many shapes and forms – Day 459
- Israel’s Judaization Policy Replaces Arab Towns with Synagogues
- Gaza is Now ‘Hell on Earth’—Exactly as Intended
- Trump shared video criticizing Netanyahu’s ‘obsessive’ push for US-Iran conflict
- Last Christmas in Gaza?
- WATCH: The Israel Lobby Pays, The U.S. Congress Obeys
No Tricks Zone- Physicists: Increasing CO2 By 100% Only Reduces Radiative Cooling To Space By An Imperceptible 1%
- Japanese Scientist: The IPCC’s Climate Models Are Fundamentally Flawed, Use False Assumptions
- Cambridge Scientists: Climate Change Is Not The Cause Of Megafauna Extinctions
- Scientists: Greenland July 14°C Warmer With 35% Less CO2 250,000 Years Ago!
- Germany Already Rationing Energy…”Avoid Using Electric Appliances Until After 11 A.M.!
- Central Greenland Was Recently Ice-Free And Covered With Plants When CO2 Was Under 300 ppm
- 2025 Looks Bleak For Germany…Energy The Most Expensive In Europe …Growing Speech Tyranny
- Scientists Report A ‘Striking Global Greening Trend’ Over The Last 42 Years
- Global Coal Consumption Continues To Rise As Multi-Trillion Dollar Green Energy Plans Falter
- New Study Finds 1970s-Present Antarctic Ice Loss Is ‘Unexceptional’ And Not Due To ‘Climate Change’
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

You blame the fascist takeover by minions of the WEF on a piece of paper?
LikeLike
“Ultimately, the best protection for rights is not any particular piece of legislation, but a robust societal consensus in their favour… “
LikeLike
The globe might want to launch a criminal investigation into the antitrust and monopoly laws that have been broken. Which by the way is an international crime.
https://www.ic.gc.ca/opic-cipo/cpd/eng/patent/3003055/summary.html
https://rumble.com/vv7jj7-dr-david-martins-urgent-canadian-trucker-update-and-trudeaus-conflict-of-in.html
LikeLike