True North- Justice Centre ranks worst Charter rights violators among provinces
The Justice Centre for Constitutional Freedoms (JCCF) is recognizing the fortieth anniversary of the Charter of Rights of Freedoms by ranking the provinces that violated it worst during the COVID-19 pandemic.
Living in Manitoba I think we get bonus oppression points for being the first province that brought in and enforced vaccine passports.
In Dante’s Inferno, Satan is encased in the 9th circle of ice, next to a Made in Manitoba pothole.
Prime Moron and Scumbag Trudeau + his miniMe Freeland were the worst though. For what they did re Freedom Convoy.
^^^
One of the fun things I get to do now when I hear the wailing and gnashing of teeth over some level of government trampling on rights by invoking the NWSC is to respond with the question whether the one so outraged* feels strong enough to petition the federal government to renegotiate with the provinces to remove said clause?
*oddly these same outraged individuals never seem concerned about the recent actions to limit free speech, belief, mobility, and association.
With Sections 1, 15(2) and Section 33 (not part of the Charter), plus the far-left orientation of the Supreme Court, the Charter of Blights and Fiefdoms isn’t worth the paper it’s written on.
Fake charter, fake constitution, fake country
L – Section 1, a heavy onus is on the gov’t. to pass the Oakes Test, requiring evidence, and arguments, in the case of Covid-19 Pandemic/Lockdowns/Mandates; that means scientific evidence. The opening of a free and open scientific debate, ongoing, to prove:
1. Importance of the purpose. 2. Rational (scientific method, medical evidence) connecting the violation to achieving the purpose. 3. Violating the Right/Freedom to the minimum possible to achieve the purpose.
No level of government has done anything but suppress free and open scientific debate,
acting in complete contempt of the Oakes Test and the very concept of individual Rights and Freedoms. That some lower court judges have done likewise is not a criticism of the
Charter but of such judges, “free” press, and politicians lack of political and moral integrity.
Turning the governing of Canada, at all levels, over to a medical bureaucratic autocracy issuing arbitrary measures, in subservience to the W.H.O.(C.C.P.).
How could that be Constitutional ?
The Magna Carta established the Rule of Law applied to the Crown and agents thereof as it did to everyone else. The onus on we citizens is that neither the sacrifice of our ancestors was in vain, nor will be our sacrifice be in vain to retain our political heritage, to be continued…
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…3. The Oakes test
A limit on a Charter right must be “reasonable” and “demonstrably justified.” The applicable test was originally set out in Oakes and is now well-established (see, e.g., Egan v. Canada, [1995] 2 S.C.R. 513, at paragraph 182; Vriend v. Alberta, [1998] 1 S.C.R. 493, at paragraph 108; Canada (Attorney General) v. Hislop, [2007] 1 S.C.R. 429, at paragraph 44; JTI-Macdonald, supra, at paragraphs 35-36):
1. Is the legislative goal pressing and substantial? i.e., is the objective sufficiently important to justify limiting a Charter right?
Is there proportionality between the objective and the means used to achieve it?
2.The second branch of the test has three elements:
“Rational Connection”: the limit must be rationally connected to the objective. There must be a causal link between the impugned measure and the pressing and substantial objective.
3. “Minimal Impairment”: the limit must impair the right or freedom no more than is reasonably necessary to accomplish the objective. The government will be required to show that there are no less rights-impairing means of achieving the objective “in a real and substantial manner” (Carter v. Canada (Attorney General), [2015] 1 S.C.R. 331, at paragraph 102; citing Hutterian Brethren, [2009] 2 S.C.R. 567, at paragraph 55);
“Final Balancing”: there must be proportionality between the deleterious and salutary effects of the law (Carter, supra, at paragraph 122; JTI-Macdonald, supra, at paragraph 45).
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“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it …” – Justice Learned Hand
There are no rights and freedoms in the backwater massive piece of dirt we call Canada.
Rights and freedoms come outta the barrel of a gun.
If you wanna prevent gun violence in Toronto, then you wanna erode our rights and freedoms.
Don’t tell OJ, he’ll censor me again.
The Charter is not the Magna Carta.
Stop treating it as such.
“All we’ve got is a club, that’s nothing compared to guns, so let’s just throw the club away.”