Dereliction Of Duty -Why Have Governments Not Asked The Courts Whether What ————

They are doing conforms with the Constitution of This Country?

Right now Governments across the nation are implementing covid measures that restrict freedom of assembly, association, security of the person , travel , etc. 

Just read Section 7 of the Charter of Rights and Freedoms

‘7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.’

Don’t you think that such draconian measures should be tested to see if they conform with the Constitution of Canada?

Why have all Governments not done so?

There are studies which show that various lockdowns do more harm than good. Dr. Allen at Simon Fraser University has done one that shows this ! There are surgeries cancelled, appointments cancelled, suicide increases, depression increases . There are business failures , people losing their livelihood. 

Section One of the Constitution says 

‘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.’

What are ‘reasonable limits” in this context of today’s draconian covid measures ? 

We don’t know . 

What does ‘ demonstrably justified’ mean in this context of today’s draconian measures? 

We don’t know. 

Do the Government measures pass the test of this Section ?

What are the tests? 

We don’t know. 

Governments in Canada have failed to determine whether what they are doing is Constitutional!!!

Surely they know they can refer matters to the courts for Constitutional Adjudication.? 

I remember doing it years ago concerning a Piece of Legislation.  

Are they afraid? 

Are they hiding behind their so called cherry picked science ?

Are they hiding behind their ‘Emergency Powers?’

Where is the cost benefit analysis?

Ignoring our Constitution is a grave matter. 

Democracy ceases when Government fail to determine whether what they do follows the highest law of the land!

14 thoughts on “Dereliction Of Duty -Why Have Governments Not Asked The Courts Whether What ————

  1. The charter of rights and freedoms starts off by stating that Canada is based on the supremacy of God and the rule of law and that supremacy would have to include his laws and judgments. Everything else in the way of law, policy and regulation would have to respect that regardless of political agendas and peoples feelings. As far as I can tell God has not required mandatory vaccination but there is laws and judgments concerning deliberately causing harm or death to others without those being harmed or killed being guilty of a real crime that requires corporal or capital punishment and a conviction is only possible with 2 or more truth full witnesses. In the light of the preamble to the charter there are plenty of laws and policies that could be considered unconstitutional if not criminal.

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  2. These are indeed dark days, but I am more convinced than I have any time in the past that we speak one voice when we all say one day the sun will shine and have-not will be no more. Thank you for your service, Mr. Peckford. We are indebted to you.

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  3. Being interested in Nfld history, I have talked to 2 old people who mentioned Brian Peckford. One an old woman in her 90s when I talked to her in the1980s and who knew Richard Squires in the 1920s and 1930s, and her connection with him.
    Last week a 86 year old man was telling me about Joey Smallwood, (maybe about 1968 or 1969 time frame , and Joey picked up th ephone and called his minister of Municipal Affairs, Brain Peckford, about a small municipality that was directed to have a community council in Conception Bay. I thought this strange, thinking Peckford was always PC, and was a minister under Frank Moores, a bit later.
    Is it possible Brain was an official in Municipal Affairs under Smallwood?
    Can you clarify Brain?
    Winston Adams

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      • Thanks, Brian for the clarification, as the source I considered to be unreliable, and you confirm my recollection of you being the Minister under Frank Moores.
        I had stated to the man, Mr. Joe Peddle, that I wasn’t aware that Peckford had changed from Liberal to PC, and he replied “Well John Crosbie did too ( this I knew, but doubted you had).
        Winston Adams, Nfld

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