BY SIMONE J. SMITH
“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.” Canadian Charter of Rights and Freedoms
Yes! The Canadian Charter of Rights and Freedoms has been a beacon of hope during these troubled times. It enshrines our fundamental freedoms of conscience and religion, thought, belief, opinion, expression, press and communications, assembly and association, and our right to vote and elect our governments. It gives us our right to move freely in and out of Canada, and within Canada. That includes our right to work in any province.
The charter provides a clear explanation of our right to life, liberty and security; our protection against abuse within the legal system; our rights of equality; our French and English language rights; and our rights of educational choices and options.
It is why some Canadians were confused, and concerned when our Prime Minister Justin Trudeau, the very man who should be upholding this charter, made a statement that clearly goes against everything the charter stands for:
“Regardless of the fact that we are attacking your fundamental rights or limiting your fundamental rights, and the charter says it’s wrong, we are still going to go ahead and do it. It’s basically a loophole that allows a majority to override the fundamental rights of a minority.”
According to CheckYourFact.Org (https://checkyourfact.com/2021/12/27/fact-check-justin-trudeau-limiting-your-human-rights/) Trudeau’s comments were taken out of context. I always find it interesting when the fact checking sites try to find a way to explain statements that are exactly as they appear. I also want to note here that in April 2019, Facebook partnered with CheckYourFact.com, the fact-checking offshoot of the Koch-funded news outlet The Daily Caller. The Daily Caller was founded by Fox News Political Analyst Tucker Carlson and is funded from both the Daily Caller and the Daily Caller News Foundation. Something to keep in mind, but I digress…
In Section 1 of the Charter:
“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.”
This simply means that these rights are supreme and cannot be violated or superseded by the government without demonstrable justification. Up until this point, no government has demonstrated justification for their unlawful charter violating COVID-19 mandates that oppose our charter rights.
The charter guarantees these rights and freedoms for each individual; that includes you, all Canadians and me. The rights of the individual are inviolate; they cannot be superseded or taken away for supposed interests of society. They are your individual inalienable rights.
Majority of the restrictions, including the current travel restrictions are among many violations of our Charter rights. We have the right to travel across this country, as well as in and out of it. Trudeau’s federal travel bans are a direct violation of our rights.
“No document is perfect, and there will be interpretation, but we have a say in how it is interpreted, and so we must put pressure on the political class, and that includes the judges, to know, that we know: you are trying to twist and put a round peg in a square hole and we are not going to stand for it. That’s our best chance, through civil disobedience, and citizen education, and ongoing participation.” Honourable Brian Peckford
Brian Peckford served as Newfoundland’s premier for a decade (1979 to 1989). He is the sole surviving author of the Canadian Charter of Bill of Rights. This is part of our country’s constitution, and too few of us have read, or studied it. It is impossible to exercise and defend our rights without knowing them. It is time we study the Charter; and empower ourselves to live the freedoms that Peckford and the other authors enshrined in the highest laws of our land.
Peckford related how when the Charter, which is part of the Canadian Constitution, was written by him and his fellow politicians in 1982, they added a provision stating that the only way that these rights could be suspended even temporarily was through the democratic process in times of “war or insurrection.”
The Charter (https://drtrozzi.org/wp-content/uploads/2022/01/canadian-charter-rights-freedoms-eng.pdf) is the number one legal defence for your rights and freedoms. Please print it, study it, hang it on the wall, and carry a pocket version. Having the highest law in the land in your pocket can defend you against anyone including police imposing unjustifiable violations of your rights.
