Letter To The Editor
I note that you carry Professor Bruce Pardy’s viewpoints on our present national dilemma of rights and freedoms.
There are others , including mine.
A couple of weeks ago you carried (in a cousin publication, The Financial Post) Prof Pardy’s view that he lamented that the courts and the system had failed the people, in that early decisions had ruled in favour of the Government imposed unconstitutional covid measures. I wrote on my blog (could not find your letters to the editor e-mail address on the weekend), in response to Prof Pardy capitulation, that we were still in the second period, and the legal fight is far from over. I suggested that instead of lamenting our lot, he and others should be solidly behind those groups (for example, Justice Centre for Constitutional Freedoms and Rocco Galati) urging them on in their efforts to make the Charter of Rights and Freedoms be fully heard, and complete scientific information be placed on the courts’ tables.
Now, Prof Pardy has a bit of a change of heart in another viewpoint you carry in your paper. He has formed a group and issued a declaration highlighting, as many of us have been saying for months, that the country is in trouble. Our rights and freedoms have been violated.
While I applaud this new action , the Problem is Prof Pardy’s declaration gives two sentences to the Charter of Rights and Freedoms. This is, notwithstanding Prof Pardy’s far more extensive legal background than this author, the single most important document as it relates to citizens’ rights and freedoms that the country has, gets scant mention.
Before 1982, citizens to defend their rights and freedoms relied on common law, precedents, convention or custom, and after 1960 the additional Bill of Rights. However, The Bill of Rights was a Federal Act that could be changed at the whim of any Government, and only applied to federal matters.
In 1981/82 all this changed. Individual rights and freedoms became an integral part of The Constitution Act 1982. Beyond the reach of quick, politically convenient change!
This Charter in Section 52 declares:
52 (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
This should be proclaimed from the rooftops and even from ivory towers like law schools and think tanks in this country—and need I say, Proclaimed by our fourth estate, the Press.
There is no mention of this in Professor Pardy’s declaration!!
As I travel the country and write (my blog had over 1 million readers in October) about this, I am struck by Canadians lack of knowledge of their most basic freedoms and rights —and they are starving for this information and celebrate when I explain it.
Rather than gloss over in two sentences the Charter, Professor Pardy and his group should be detailing the sections of the Charter, describing and interpreting them, and assisting citizens in understanding our Constitution.
A. People have lost their jobs, unable to travel, but the Charter says in Section 6 —‘the right to pursue a livelihood anywhere in this country ‘ and ‘the right to travel anywhere in this country and leave this country.’
Our very right to earn a living has already been compromised by Government orders—without as much as a cost benefit analysis, a long standing basic tool in any new public policy action.
B. Section 2 talks of freedoms of assembly, and association, of religion, conscience, and the press. Yet, Churches closed down, restriction on movement within one’s own community!
C. Section 7 talks about the citizen’s right to ‘life, liberty and security of the person.’ How is this consistent with coercion by Government to force people to take an experimental injection that causes more harm than all other injections of this type combined over the last 30 years?
D. Section 15 talks of equality—
‘15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of 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.’
We are not now all equal before and under the law. Some have more rights and freedoms than others everywhere in this country.
Many Governments and others believe Section 1 of the Charter relieves them of their responsibility to follow the other freedom and rights provisions of the Charter:
‘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.’
But no Government in this country has produced one study, report, nor involved Parliaments in ‘demonstrably justifying ‘ what they are doing—in law within reasonable limits in a free and democratic society.
We have a solemn responsibility to detail the Charter, not just the theoretical notions of rights and freedoms. Rather, how it applies in real life—on the ground, NOW!
From Bonavista to Tofino to Iqaluit.
Additionally, one wonders why Professor Pardy and group have not supported my proposal dealing with the reference issue. The Federal and Provincial Governments have the power to reference to their highest court any actions that they have taken to see whether those actions are Constitutional. I have written all the Premiers requesting that they invoke this power. Not one Provincial Government has agreed to do this. This would expedite the court process significantly, the one thing that frustrates most when they look at how long traditional methods will take to get a Constitutional ruling. At the website www.Lawyersstandup.ca this is explained and thousands are supporting this idea. Why are the Premiers so reluctant to act on this?
Dear Editor, I hope this will find space, unedited, in your paper.
Honourable A. Brian Peckford P. C.
Last Living First Minister That Helped Craft The Constitution Act 1982.
17 thoughts on “My Letter To Canada’s National Post Newspaper : Proclaim From The Roof Tops Our Supreme Law !”
As far as I can recall, Canada has been in trouble since the mid-1970s. I recall a meeting in the late 1970s at home. In addition to my father, 2 others were there, and most my age would know them. All 3 deceased now. One of the conversations was on the future of Canada. They talked a lot about the seemingly endless list of challenges in Canada. One of them then said “it might be too late for Canada.” Followed by another stating, “not too late, but you can see if from here.”
45 or so years later, I related that to a 2019 candidate running for federal office. Then, I told him “Canada is over.” He was shocked. Most would know this now MP. The previous 20 months were the many nails in the coffin for the country. Canada is over. Only an armed revolution will change this. Canadians are too weak and fearful to go down this path. It’s no longer a country; just a prison.
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BRIAN superb letter to National Post (NP) and about Pardy and the work the legal people and every PREMIER in this nation have yet to address. Thank you for everything you are doing for our freedoms Brian. I look forward to the follow up from your letter.
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I’m proud to know you, amigo. I shall help where and whenever I can. Keep up the digging—your Dad is very proud of you.
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Thanks very much.
Thank you for your powerful letter, Brian, which the NP has a moral duty to publish. I remain hopeful that good Canadians everywhere will wake up, stand up, arm themselves with the tools of truth and insist that our politicians act justly and that the press reports independently and accurately. What that looks like would include arming ourselves with the relevant facts (go to freedomrising.info for a list of resources and websites), writing our own letter to the editor, calling & emailing our MP / MPP and helping fund the Justice Centre for Constitutional Freedom’s excellent work. Do not despair and do not discount prayers to the Almighty.
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Thanks for the cogent inspiration .
Either the constitution and charter of rights and freedoms means exactly what it says or it does not. The globalists and leftists no doubt view it as merely a piece of paper that they and their fellow travellers in the media and government can use or ignore as they see fit and of course any resistance to their misrule and persons is treason or some other crime.
One of the things about law is that it must work or apply to all situations that it is intended to apply to or it is not law.
It is an all or nothing deal. It is like saying that one can kill and maim with the clot shot and not be charged with genocide but if you attempt to kill 6 million Jews you can be charged with genocide, tried and hung. Law can’t play favorites and remain the law. Once the rule of law is out the window all there really is, is the wild west or the law of tooth and claw.
Given what has been going on during the last 50+ years do you really want to go there?
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Rule of Law in this country must be regained and the only way short of massive civil disobedience which is not what Canadians ‘ like’ doing’ , is forcing the courts to enforce the Charter of Rights and Freedoms.
Brian have you noticed that the preamble to the charter of rights and freedoms starts with Canada is based on the supremacy of God and the rule of law. I think the supremacy of God would have to include his laws and judgments and the implications of that would be profound to say the least. Much legislation enacted by government would likely have to be repealed as it would be illegal under divine law.
Yes. I have used it in my speeches.
Bruce Pardy recognises that disappointment is not enough:
About time but he needs to support and get behind all those who are fighting using the Charter. That’s all we have ———!!!!
Excellent as usual. Thank you again for this letter. There are far too few true Canadian patriots in this country. The public i have encountered and made aware of their rights as written in our charter seem to shrug it off as something that is not important or is not a real supreme law document. Very disheartening how Canadians just swallow the government narrative as if it would be just too painful for them to think for themselves. Very few have even a critical thought or even think to question our governments madness during this fake pandemic.
In my meetings here on Vancouver Island where I explain the Charter and the Constitution there a few who get it and are spreading the word.
A shot across the bow. Unfortunately, villains only respect gallows and guillotines. They cannot be persuaded otherwise.
I have not heard from the National Post since submitting my letter this past Sunday.