The Trudeau government was warned repeatedly at committee that their new law was against the Charter but they passed it anyway.
“For a government who campaigned on evidence-based policy, it was shocking that this unconstitutional, and unnecessary law saw the light of day,” Spratt said.
It’d be nice if we had a Governor General who’d deny unconstitutional things Royal Assent from time to time instead of rubber-stamping whatever excrement flows out of parliament but instead we’ve got Space-woman Spiff
You don’t suppose her wishy-washiness was one reason she was offered the job, do you?
– And as far as I know, in our constitutional monarchy, even Her Majesty signs what laws are set in front of her without quibble.
Not cutting any slack for H.E.G.G. by any means…
The “driver at home” scenario in this article sets up a bit of a red herring that doesn’t address the real problem with the legislation.
Mandatory alcohol screening authorizes police to DEMAND that a driver provide a roadside breath sample on an approved screening device, WHETHER OR NOT THEY SUSPECT THAT A DRIVER HAS CONSUMED ALCOHOL.
THAT’S the problem. You could be forced to self-incriminate without any grounds.
Section 1 of the charter allows this, as the robed priests of the charter have found that it is reasonable in a democratic society for people who are exercising government granted privileges (i.e. driving) to be stopped for roadside screening, at ride stops. There is no guarantee that they won’t rule this constitutional, when a case finally gets to them in 3 to 5 years…
Until someone gets around to truncating the offending clause from the charter, stupid shit like this will continue to happen.
For reference, section 1 reads: 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
And the controlling precedent is R V. Oakes
I understood that the RIDE was okay in part because the police still needed reasonable grounds to ask for a breath test. If you say that you have not been drinking then they are required to have some other reason as grounds to test you. I’m guessing the police find that annoying and just want to be able to order a breath test because they want to order a breath test.
I do not think the RIDE is good as it is unreasonable search/seizure, detention but as you noted they said it was a reasonable limit (subject to have reasonable grounds to test after stopping).
Driving is NOT a government granted privelege, it is as natural as riding a horse or reading a book
And?
Happens all the time in the US.
NYC cops would make street stops and request, illegally, that people empty their pockets. Many would have some illegal substance or object.
Then off to the station for ticket time and cop overtime.
Big old money trap.
Canada actually warned citizens visiting the US NOT to carry large amounts of cash because it would be seized and never returned.
My question is if you smoke legal pot at home what happens during a work drug test? You didn’t get high at work, your private life is your private life, right?
Your private life is your private life. Your employment is subject to you fulfilling your undertakings to your employer. If the job requires you to ensure that you are not impaired by drugs while you are at work, it’s not when you took the drugs , it’s when are they impairing your abilities and by how much.
Your private life is your private life. Your employment is subject to you fulfilling your undertakings to your employer.
Not necessarily. If one does something in one’s private life which one’s employer deems as damaging to its reputation, someone’s going to get a pink slip rather quickly. This is particularly the case thanks to social media.
The Charter and the Constitution in Canada are subservient to the Crown and do not apply to Her Majesty or Her Government.
What happens when you have a grossly ignorant population of voters. (And matching PM)
Do not ever speak the truth about Canadian civics to Canadians. Canadians mostly understand American civics but are woefully ignorant and close-minded regarding their own civics. When educated for example that they are not citizens like Americans, but merely Subjects of a foreign Monarch (chattel property like a slave or serf), they go completely AOC about it , insult you and then shut down completely. When told that democratic principles are almost completely absent from Canadian politics as evidenced by such things as Royal Assent, or that all political executives north of Mayor are all appointed from a closed pool of loyal insiders by the aforementioned Monarch and never appear on a ballot, they go ballistic and quickly change the subject.
“Subjects of a foreign Monarch”
And who would that foreign monarch be? Elizabeth II is Queen of Canada. Can’t be her. In case you missed it, the Queen delegates 99.99% of her power to the Governor General who, in general, acts on advice from the elected government. To declare that Canada or the US has a superior democracy is a fool’s game.
And regrettably, after examples too numerous to count including our Supreme Court openly ignoring Constitutional provisions, it’s clear that law in Canada is what the government-in-power and their minions the RCMP choose it to be at any given moment; like Humpty Dumpty, “When I use a word, it means exactly what I wish it to…”
Tell an American about R.I.D.E. and this and after they get over disbelief, tell them that.
Canada has not had a prior queen named Elizabeth. So she is Elizabeth the FIRST, Queen of Canada. I knew Canada wasn’t the world’s sharpest country in the brain department, but sheesh, I assumed they could at least count to TWO!
Ah… No
Her mother was named Elizabeth as well as being queen,
making her Elizabeth the second or II.
besides me thinks being the queen means she can call herself anything she wants.
William, Elizabeth’s mother was not Queen Regnant, and therefore not any number. Elizabeth I was Good Queen Bess, daughter of Henry VIII. Although, Elizabeth I was on the throne at least when colonizing in North America started.
Kate, this site is not allowing me to leave my preferred email address in the box. I presume that’s because its self-hosted. Any way to change that?
Queen Elizabeth II’s mother was Queen Elizabeth, Queen consort of King George VI until his death in 1952 at which time she became Queen Elizabeth the Queen Mother to avoid confusion with her daughter. The Queen Mother is not a hereditary queen and she was not Queen Elizabeth I of England. The first Queen Elizabeth reigned from 1558 to 1603 and was the last of the Tudor monarchs. Queen Elizabeth II is a hereditary heir to the throne as the oldest living child of the previous king, King George VI.
A note of interest, had King George had a male heir, that male heir would have ascended to the throne even if he had been born after his sisters Elizabeth and Margaret. This held true even with Elizabeth II’s children before they became of age, married and had their own children. So at one time the order of succesion was Charles, Andrew, Edward, and Anne even though Anne is older than Andrew and Edward.
The order of succession has since been amended to treat male and female heirs equally. So the current order of succession is: Charles, his son William, William’s son George, William’s daughter Charlotte, William’s son Louis, Charles’ son Harry, Harry’s son Archie, the Queen’s son Andrew.
The Queen can’t call herself anything she wants she must have the tacit approval of parliament.
Most Canadians are very familiar with the “Law and Order” version of American law, but as we’ve never produced a TV show as popular, most of us are still under the impression the great white mother in England looks after us.
I’d bet the farm MADD is the force looming behind this new law, as the prohibitionists want NO alcohol consumption at all in our society. With f***heads like we have in government,they may get their way eventually.
https://madd.ca/pages/about-us/who-we-are/national-staff/
I gather the use of the term ” CROWN” on government agencies does not make it obvious. Right Australia?
“To declare that Canada or the US has a superior democracy is a fool’s game.”
You have national legal weed and possibly national legal prostitution. Makes you better than the US.
If you can’t read well and voted for a completely inept and very corrupt government,
THANK A TEACHER !
or more specifically, the public education industry, the main stream media and digitally distracted parents.
That’s not so far-fetched.
When I was in high school, I studied Canadian history in the social studies courses I took in Grades 10 and 11. I recall writing a term paper in one of them and I referred to the booklets that my parents had to read when they applied for citizenship. (Being a minor, I was exempt as the oath was sworn on my behalf.)
I found those booklets to be enormously helpful, particularly as they contained details that weren’t taught in school. I knew about the Statute of Westminster long before most, if not all, of my classmates.
Then again, this was nearly 50 years ago. From what I gathered, high school students still don’t know about it or, for that matter, can’t identify most of the prime ministers that appear on our money. Thanks to Prinz Dummkopf, and his insistence in turning our currency into funny money, that will become even more so. I mean, what did Mackenzie King ever do for us, eh?
You get a Canada where freedom is basically an illusion.
Soon they will be convicting on the “ testimony “ of networked cars that will videotape the driver. 5G and the internet of things made possible by it will make surveillance of citizens pervasive, destroying the concept of civil rights.
In the eyes of the ruling class, it’s going to be awesome!
NAZI’s being NAZI’s.
Period. Expect significantly more state intrusion into every aspect of your life under this group of Filth. (Liberals)….should PM Dipshit retain his throne.
Please list any nation or political party, other than possibly Anarchists, both Liberal and Conservative that DOES not promote the erosion of privacy.
“Imagine a society that subjects people to conditions that make them terribly unhappy then gives them the drugs to take away their unhappiness. Science fiction It is already happening to some extent in our own society. Instead of removing the conditions that make people depressed modern society gives them antidepressant drugs. In effect antidepressants are a means of modifying an individual’s internal state in such a way as to enable him to tolerate social conditions that he would otherwise find intolerable.”
― Theodore Kaczynski
The genius of any slave system is found in the dynamics which isolate slaves from each other, obscure the reality of a common condition, and make united rebellion against the oppressor inconceivable.
Andrea Dworkin
Hey, people voted for infanticide, healthcare, pensioncare, oldagecare, foodcare, wagecare, gendercare, childcare, racialquotacare, …
When Trudeau one said “government has no place in the bedrooms of the nation”, not my fault people fell for it. Now they are in everyone room, on the radio, TV, in rooms outside your house, in your car, on the street, …
immigrationcare
I’m sorry that my Canadian friends don’t have a brave, woke, Speaker of The House like Nancy Pelosi. If you did, she would have advised all Canadians to simply NOT answer the door when the police came knocking … she would tell you that YOU have RIGHTS!
Oh, wait … those are only RIGHTS of non-Canadian Citizens. Only for people like Somali immigrants seeking asylum. Nevermind.
from article: –“The sky is not falling. There’s no ‘police state,’” Goldkind insisted–.
It isn’t even a question of drunk or sober. It’s all about whether or not you broke a law written to satisfy MADD, a political group.
That’s tyranny, it is a police state.
Brian, as proof of how police forces will “weaponize” this legislation you don’t have to look any further than the David DeWolfe case in Strathmore. David’s brother was charged with DUI and failing to submit to a breathalizer test. He was in DeWolfe’s house watching the children, no where near a vehicle.
So, if you piss off the cops by exercising your rights they will charge you with whatever bogus crime they can. The fact that they charged him with DUI demonstrates just how dangerous this legislation is.
Trudeau making Canada into the image of his beloved Uncle Fidel’s Cuba a little at a time
Canadians don’t hate you Justin Trudeau, they’re just hating you back.
The Constitution of Canada is a piece of shit, it’s not worth anything.
When the police come to your door, only a fool will open it. There’s a peep hole in your door? Use it.
I’m not “anti-police” but I am anti police state.
Canada’s Constitution is a bloody embarrassment.
A political and legal document by and for lawyers and politicians.
A document unsigned by almost a quarter of the population.
That mandates a phony bilingualism in Canada and New Brunswick that is unfair and nearly impossible to reverse.
Unlike, say the Constitution that calls for free movement between provinces.
The Supremes(ya, right, check that Liberal Donation List), as usual, found a way around it for the State.
Canada’s Constitution was prescient in one respect. Yay for different “classes” of people. Unbelievable. Liberal Identity Politics enshrined.
And definitely a horrific part of an egregious document.
Canada’s Constitution rights are kinda like New Brunswick Patient’s Rights:
“With some exceptions, you have the right to:
• be informed by health care professionals about the health care treatment;
• be informed about the usual risks, side effects and benefits of the health care treatment;
• a second opinion;(hilarious)
• refuse health care treatment;
• provide informed and voluntary consent to health care treatment;
You did notice there is no mention of quality of care, or of timeliness.
In other words, no real rights at all.
New Brunswickers are waiting years for treatment, and dying in our Rationed Health Care System.
Weasel words, just like Canada’s embarrassing, uninspiring, co-opted, useless Constitution.
So long Free speech, we barely knew ye.
Bye bye guns, big regrets.
Hello, Liberal-only Canada.
Hello Social Credit Score.
Hello One World Order.
You know that is what they want.
Communism without the bad press.
Read their Media.
canucked, as I have said many times, the constitution is of lawyers, by lawyers , for lawyers.
from article: “He(Goldkind) uses the example of an eye witness calling 911 after witnessing a car weaving all over the road. Goldkind says that if police track a driver to their home under that scenario, they shouldn’t be able to simply say that they started drinking when they got home.”
Is Goldkind a Leftist? Likely. Has Goldkind ever heard of Swatting?
https://en.wikipedia.org/wiki/Swatting
Yes, folks, that’s right. Zoolander has just handed the Loony Left a new weapon for their intimidation toolkit. Can you say Police State?
Good point. The next question is whether the “swatters” could be sued for making false claims. There must be lots of Liberal lawyers who are waiting for the work.
“The next question is whether the “swatters” could be sued for making false claims.”
So then the onus would again be on you to prove that it was a false claim or that malice was involved. Lawfare again.
https://en.wikipedia.org/wiki/Lawfare
Goldfind: “they shouldn’t be able to simply say that they started drinking when they got home.”
So what if ‘they’ started drinking elsewhere?
Government should have to prove that ‘they’ were drunk and an existential threat to the public at large.
Exactly. This is how you have to introduce a police state and get people used to the idea that all rights are granted to them by the state in a nation that has historically enjoyed civil rights that were previously considered inalienable. The desired end point of course is the full east German police state as depicted in the movie the lives of others.
Good one,Oz!
I was about to mention it until I read your post. Hate your neighbour? Call 911 and tell them he just came home staggering drunk and mention you know he’s a hunter and has a bad temper when he’s drunk. Then sit back and watch the fun.
Christ, it could be a psycho ex who’s been waiting to exact her/his revenge.
It would be nice to see an elected official in a Liquor Barn buying refreshments…
You won’t; they all use the delivery service.
I have video cameras all around my house so I can prove I was not driving.
Less than a thousand bucks and I did the install myself, the attic work was a pain but I did in the fall so I wouldn’t roast or freeze.
Those cameras have been well worth it, drunk ran into one of our cars and he was charged with hit and run. FedEx dropping off concert tickets into the snow bank. UPS delivering an opened package missing half of what we bought.
I can survey my property day and night I have it posted that all video is streamed to the cloud but in reality it’s not.
I like my privacy.
I like the part where they insist that if you haven’t actually been drinking AND driving, then you can prove it in court. Yeah that ought to be fun. The process is the punishment and even if you get off, it will cost you a lot of pain, time and money.
We need a head of state that is elected by the people not appointed by the party leader who is only elected by some people. And a real constitution. Any chance of any of that happening?
1 Growing Governments
2 Growing Laws into
3 Growing Courts equal
4 Lesser Freedoms
5 More Taxes
6 More Government Employees
Repeat 1
If the police have “reasonable grounds”… the English translation is if the police “decide to pay you a visit”.
What happens if you don’t answer your door? Do they have reasonable grounds to break in and search for you?
I don’t think so unless someone can prove you are an imminent threat.
I guess any reason to make a citizen hire a lawyer will work for a Communist regime to enslave the citizenry. That is precisely the reason that the old joke about 1000 lawyers at the bottom of the sea, being just a good START. rings so true.
In New Brunswick a prominent Liberal lawyer was found not guilty of whatever and had the temerity to publicly complain that regular people couldn’t afford lawyers.
This of course caused the New Brunswick Legal Society great consternation and led to great cries of nothing.
No comment. No action. No change. Carry on.
Kind of like how the Liberal Donation List Judge Lottery was handled.
Or the Dominic Leblanc Neighbours and Relatives Qualify For the Bench Contest.
No comment. Positive stories only. (did you know Liberal-appointed Judges love puppies?)
Disappeared faster than Junior’s cachet.
You thought High River was an exception? You have no property ownership, as land you think you own, you’re merely renting at the leisure of the Queen and your Civic masters. Now, you are unable to even have the presumption of innocence, with the state being able to forcefully compel you to prove their case for them. Toss in the throttling of the internet, the eavesdropping, new taxes, and rule by victimhood, we’re doomed. Trudeau still pulling in 30% numbers and the citizenry continueing to ask the tough questions. Will there be reboot of “Friends”?
IN 1967, I sang Bobby Gimby’s song, and waved the centennial flag. It is as though, that were another dimension. Where we at one time followed our elders we now relegate them to a derogatory station, and continually tell people the youth are the future. Chairman Mao would be proud.
Keep an eye open for opportunities.
Imagine what would happen if the local constabulary was advised that there where individuals exhibiting drunken behavior and cars coming and going at an event that just happens to be the same address as a liberal fundraiser.
Wouldn’t matter a damn if anyone was charged, just the thought of them living by their own rules would be comforting enough.
Oh I think you are already seeing the start of this. Pretty soon, Trump is going to go on the real offensive, and declare Antifa, the MSM and Democrats to be racists, bigots and homophobes. Watching them spend precious time and money defending themselves agains essentially exaggerated charges? Priceless.
I keep calling leftists racists and bigots. I don’t even try to debate them anymore. Watch their reactions. I am telling you just ranting at them that you hate their fascism, sexism, bigotry, is actually incredibly effective. Hearing themselves called that has an immediate demoralising effect on them.
There is no doubt, none whatsoever, that the airhead knows or has any understanding of the situation.
He wasn’t told what to pretend to think.
any d******t that claims anything slightly resembling ‘oh Im in da clear, Ise gots nuthin ta worrybout, Im lawyerin up and its all hunky dory’ has probably NOT ever hired a lawyer to hunky dory things at about 1000 bucks a pop.
you wanna talk ‘justice’? get one of those ubiquitous ‘standalone restitution orders’ next time you have property vandalized or stolen. first thing they ask in the age of the privacy act is the address of the defendant sose to serve the papers. hint: they in many cases ALREADY KNOW where the slimeball hides out, but YOU need to hire a private detective at the same 1000 bucks a pop to find out, in order to pursue the ‘restitution’ worth less (worthless?) than the go&^$*&$mmed cost of getting so-called ‘justice’.
the victim is the ONLY one has to shell out MORE money to get the restitution. ALL THE REST OF THEM *get* money.
aka ‘a law for the rich, a law for the poor’.
p.s. it appears justin’s brain is leaking something.
A drunk driver was stopped going the wrong way on a one way street.
Cop: “Didn’t you see the arrows back there?”
Drunk Driver: “Heck I didn’t even see the Indians.”
When Canadians were asked if they would like to form a country, they were promised that they would not loose any of the rights they had as subjects of the British crown.
The foundation of British law is Magna Carta.
No politician who has promised to infringe on our rights as stated in Magna Carta has ever been elected. So no politician has ever had a mandate to infringe on our rights as stated in Magna Carta. Therefore any infringement on our rights is illegitimate and any court that says other wise is illegitimate.
Speaking of the Magna Carta, this is what jury trials are for.