Charter Of Rights And Pigments

| 42 Comments

Winnipeg Sun;

A looming court battle over Manitoba's anti-smoking law will hinge on whether the province must treat white bar owners the same as their aboriginal counterparts, an issue that could have implications across the country.

The section of the law that exempted aboriginal reserves from the smoking ban was struck down in August by Justice Albert Clearwater of Court of Queen's Bench, who ruled it violated the Charter of Rights and Freedoms.

The Manitoba government is trying to appeal the decision by arguing, in part, that the charter guarantee was not designed to provide a level playing field for white males.


42 Comments

The implications of this are absolutely staggering... is the Charter a declaration of war?

Are they saying that this is the native smokers version of affirmative action?

Natives don't have as high rates of lung cancer as white males? Here's a leg up courtesy of daddy deep pockets.

Speaking of war, I'd say it's high time to declare war: on Islam and Socialism at the same time.

Grrrrrrrrrrrrrrrr...

"that the charter guarantee was not designed to provide a level playing field for white males."

It's been obvious from the get-go that the charter is used to discriminate against white males. I thought that it was just the way it was used by judges and activists. I hadn't ever heard before that it was designed with that in mind.

What it says...

"The province argues that if everyone must be treated equally under the law, employment equity programs and other initiatives designed to help minorities could be struck down"

Nope, can't have that. Might have to treat minorities as equals, rather than inferiors.

Would we call it "Affirmative Retraction".

Thank You For Smoking Trailer.

Now playing at a pay tv channel near you

http://www.apple.com/trailers/fox_searchlight/thankyouforsmoking/trailer/

I think they should finally use the 'notwithstanding' clause. I mean, that little jewel has been awaiting an excuse to be enacted for years! What better reason than to point out how special the injuns are? (meanwhile, here in Toronto some 91 year old lady is upset that she must go outside to smoke in her own retirement home - where she freezes her poor old butt off - but that's OK right?)

When Preston Manning said he believed in the legal equality of all Canadians, he was denounced as "racist" by Liberals. I'm not for special treatment based on group status, but, if we must have it, when are we going to get around to doing something special for tall, left-handed males? From subway turnstiles to scissors to compact cars, we face discrimination on a daily basis.

I hope this is the beginning of the end for the Charter which was imposed on us my one of this country's most inept prime ministers. Imagine, just one majority government in 15 years and kept in power by no other than Bob Rae in the first half of his rule.

I hope this is the beginning of the end for the Charter which was imposed on us by one of this country's most inept prime ministers. Imagine, just one majority government in 15 years and kept in power by no other than Bob Rae in the first half of his rule. His first governement was his only majority. NDP kept him in power because he bought them off.

Actually, the Manitoba gov't might be right. Many have argued that the Canadian Charter is a deeply flawed document and actually promotes inequalities of rights.

The basic freedoms, which are dealt with in section 2, a bare five lines - are freedom of conscience and religion; of thought,belief, opinion and a free press; of peaceful assembly;and association.

And, there's section 15, subsection 1, which says that every individual is equal before the law 'without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. BUT, BUT,

Subsection 2 of this same clause immediately removes this equality. Immediately. Because it says 'subsection 1 does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Get it? Actually, everyone is a member of ONE of those groups (sex, religion, age???) BUT, claiming that you and/or your category is 'disadvantaged' takes a degree in victimization and 'emotional trauma' blather.

It's right there in our Charter of Rights, which isn't really about universal rights at all.

Then there's section 27, which further erodes any rights - it says 'this charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians'.

So- if you are 'just a Canadian' - you don't have a chance with our Charter. It's geared to 'distinct groups' - and disadvantaged 'distinct groups' - and - to the embedding of bilingualism.

It's not a Charter of Rights.


For once I beat Kate, probably will never happen again. See my post 10.55am on David S.
Could be the beginning of the end for the charter, lets hope so. It has caused more damage to Canada than anything else trudeau did. Of course with the funding for Sows and the CCP, all those with sp interest have lost their money. No way they would use their own.
The Lethbridge Herals had a large story on this case today, with quotes from the female lawyer who stated the Charter was never intended to be equal for all people.

Richard : They make left-handed scissors and they work great. I want left-handed carving knives etc.

It's a Charter of Frights (hey, works with a Halloween theme) How about a left handed screwdriver?

This is racism.....caucasians have the same rights as anyone, don't they???

Said it before and I'll say it again Burn the Charter.
Most divisive document ever enacted.

And some health freaks would bar us from smoking in our own homes SORRY BIG BROTHER BUT STAY OUT OF OUR HOMES and CREW THE LUNG ASSOCTIATION and CANCER SOCIETY

hit those righthanded too many times the wrong way and you'll be called Richard One Ball.

The crown seems to be making the assumption that everybody who owns a bar that is not native, must be a white male and that that white male's ancestors were oppressors.

The Crown is ignorant of Canada's history. Most Canadians are the offspring of the oppressed. Think of the Scottish clearances, American Slaves, Hungarian freedom fighters, Russian Jews, Middle East Christians etc., etc. Even the English immigrants were not upper class and the trend for the better off in the 1800s was to come to Canada make your fortune take the money and go home.

Perhaps the plantiffs in this case should toss in the history of oppression of their ancestors into the mix. Might be an eye opener for the crown.

white male bad, english white male worse....the chances of job search discrimination increases the further east you live(with bc as the starting point)....oh ya, turdeau jammed us real good...

For those of us who have given up on newspapers:
Hey- line your parrot's cage with the 'charter of rights and freedoms'! (Then the flakes in Ottawa can stuff it where the sun don't shine.)

The "Charter of Rights and Freedoms" didn't entrench our rights under Common Law - it limited our rights of claim under Common Law.

It should be the natives that are sueing for discrimination. After all the ban is supposed to be to cut down on the risk of cancer and other diseases from direct and second hand smoke. So why is Manitoba encouraging natives to smoke, is it their way of culling the native population, if so that is real discrimination.

Big whitey government wants to find a way to allow aboriginals to keep smoking in order to kill them faster - sounds like future lawsuit.

PS

The "Charter of Rights and Freedoms" is a dasdaredley (sp) document that needs to be repealed. Common Law rulings back to the Magna Carta can be overruled based on this document.

I put it in quotations because it is a fraud and is not what it claims to be. It is all about restricting rights.

New casino just opened up on outskirts of Edmonton, Enoch Reserve. Edmonton Casinos are p.o.'d about their unfair advantage. There wwere poll questions re: this subject on a couple radio stations today:

Should facilities on native reserves be exempt from smoking regulations?
49% Yes
51% No

no indication of #'s

To add insult to injury, casino at W.E.M. is p.o.'d there's a direct bus from the mall to the new Casino.




Pissedoff at October 31, 2006 12:48 AM - LOL!




IMO no one has addressed the real issue. will It is about property rights - when a person owns property they, not the gument, make the rules on that property. Smoking cigarettes, like drinking liqueur, is legal in this country. Everyone knows that smoking and drinking are not 'health spa' activities but the gumet has no right to dictate the rules re: legal activities to property owners.
Land Claims have given people living on reserves OWNERSHIP of that land. The gument cannot make the rules in a foreign, sovereign nation.
Smoking bans are driving hospitality businesses into bankruptcy in Whitehorse. The self righteous do not care; they want all the places they go to stink like recycled BO (and a lot of them do!) - smokers just stay home or go to house parties.
Be careful what you ask for...

If you were to read Treaty 4; alcohol, is not allowed on the reserves
"Further, Her Majesty agrees that within the boundary of the Indian reserves, until otherwise determined by the Government of the Dominion of Canada, no intoxicating liquor shall be allowed to be introduced or sold, and all laws now in force, or hereafter to be enacted, to preserve Her Indian subjects, inhabiting the reserves, or living elsewhere within the North-West Territories, from the evil effects of intoxicating liquor, shall be strictly enforced."
And with respect to the law
"They promise and engage that they will, in all respects, obey and abide by the law, that they will maintain peace and good order between each other, and between themselves and other tribes of Indians and between themselves and others of Her Majesty's subjects, whether Indians, Half-breeds, or whites, now inhabiting or hereafter to inhabit any part of the said ceded tract; and that they will not molest the person or property of any inhabitant of such ceded tract, or the property of Her Majesty the Queen,"

My question is why are these publishers allowing their ships to sink?

No matter what you may think of them they are not stupid people so what gives?

OOOPPPSs.

The question is how long must we pay for the sins of our fathers.

I am not racist, sexist, a homophobe, Francophobe or any of the multitude of other sins that the charter recognizes by institutionalizing its own bias based on historic wrongs.

How can a nation accept a document, the sole purpose of which is supposed to be the equality of all, that has at its core the establishment of innequalities based on historical mistakes which created or accepted the reverse of the innequalities established in the Charter?

Confused yet?

I am.

This cause deserves our financial support.
Robert Jenkinson
Box 106
Treherne, MB
R0G 2V0
I am sending $20.

The Charter of Rights is a document that undemocratically bound Canadians to leftist Liberal ideology and historical revisionism. There is no room for descent when Liberals and their unelected high court appointees are the only ones who can interpret and define it.

For the majority of Canadians, it's the Charter of Wrongs.

The Charter of Rights is a document that undemocratically bound Canadians to leftist Liberal ideology and historical revisionism. There is no room for descent when Liberals and their unelected high court appointees are the only ones who can interpret and define it.

For the majority of Canadians, it's the Charter of Wrongs.

I didn't know that white males were the only ones who smoked. Hmmm. Leave it to the NDP to come up with that sort of argument.

left limbs are control by the right hemisphere.

right hemisphere people are more creative and intuitive.

or is it the other way around? LOL !!!

anyway, working in construction I learned many moons ago to be ambidextrous since you never know where the hand holds are going to be.

problem solved by my creative right hemisphere.

The exact same thing is happening in Edmonton. Charity businesses in the city are hopping mad at the newly opened competition at the Enoch I.R., which of course allows it.

Also, the West edmonton Mall Hotel and casino are angry with the direct bus shuttles provided by the City transportation, and are threatening to have vehicles towed from the mall who park and stay overnight.

I think some of you people are getting your facts mixed up....Indian bands are run and managed under federal government legislation, towns and cities are under provincial jurisdiction...it is the municipalities that have brought in no-smoking bylaws...and this has created tension because most reserves do not have any bylaws against smoking....enoch can set their own rules when it comes to local governance, and they have decided to allow smoking in their facility...this is a case of municipal government trying to be the big dog and impose their rules over everyone, including Indian bands.

You may have a point in regards to jurisdiction but, what about employees rights and coverage under WCB? How about health and fire insurance?

I didn't get any facts wrong in regards to Enoch, I simply related what has been on the news. I did not state an opinion either way. But i.m.o. the Casino and Hotel have a legitimate beef with ETS and the City.

Xena, Provinces have banned smoking - Ont, Quebec, Sask, NFL, NB, Manitoba, and NWT. If it was a municiple issue things would be different because the bounderies would be smaller. The people could just boot out a City Council or move if they didn't like how the council was behaving. Reservations answer to the Feds.

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