The Fight Just Begins for The Charter of Rights and Freedoms As Mandates Fall 

Now is the time for a regroup, a refresh.

Mandates removal are battles not the WAR. 

The WAR IS The Mandates were and are unconstitutional .

They must be found to have been unconstitutional , that they have all violated our Charter of Rights and Freedoms . Otherwise our democracy is diminished——we will not be fully free as a nation of individuals. 

We have perhaps 20 or 30 Judges who will decide—Judges of the Courts  of Appeal of the Provinces , the Federal Court and the Supreme Court of Canada. 

For those who may have forgotten and those new to the cause, let’s review .

Written Constitutional entrenchment of individual rights and freedoms was late coming to Canada—-not until in the Constitution Act of 1982. It was authorized by the Patriation Agreement of 1981 after 17 months of talks; one hundred and fourteen years after the nation was founded. In the US the time between the country’s founding and a entrenched bill of rights was 15 years. 

Pierre Eliot Trudeau , Prime Minister of Canada in 1981 broke off talks and tried to unilaterally patriate the constitution and add his version of a Charter of Rights and Freedoms . Eight Provinces opposed this move and took the Federal Government to Court. In September 1981 the Supreme Court ruled that what the Prime Minister of Canada and the Federal Government were trying to do was unconstitutional. That any such changes,  the court said , must involve the Provinces. Here is directly what the Court  said:

‘We have reached the conclusion that the agreement of the provinces of Canada, no views being expressed as to its quantification, is constitutional­ly required for the passing of the “Proposed Reso­lution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada” and that the passing of this Resolution without such agreement would be unconstitutional in the con­ventional sense.’ 

A last ditch effort was made in November  3,4, 5 ,1981 to accomplish patriation , a Charter , and other changes( indigenous rights, equalization etc) .

On November 5, 1981 a deal was struck based on a  Newfoundland proposal presented the night before to some Provinces. Nine Provinces and the Federal Government agreed. Only Quebec did not sign . 

Today and for almost two years the Governments of Canada have been implementing policies that violate the Provisions of the Charter, individual rights and freedoms,  particularly Sections 2, 6, 7, and 15. 

These involve freedoms of assembly, and association , religion, conscience, expression and the press.  They involve the right to travel throughout Canada and leave Canada, the right to a livelihood, rights of life , liberty  and security of the person and equality before the law. Rather precious one would think. 

Governments have attempted to ignore or in some cases give passing notice to the Charter in their policies even though their policies are subject to the Charter. The audacity is astounding. 

And in other cases they try and invoke Section 1 of the Charter as their saviour.

But Section 1 was intended to be used only in times of war, insurrection, perils to the state. The past two years of manufactured emergencies hardly apply. Just a few sections below Section 1 , there is Section 4(2) . It states 

 ‘2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

This clearly shows how we were thinking at the time. Does one think that those of us who were drafting this would not treat removing individual freedoms and rights under the same circumstances as extending the life of a Parliament?

And even for argument’s sake , Section 1 did apply , the four tests in that section have not been met by the Governments so that Section 1 could apply—-especially the tests of ‘demonstrably justify,’ and ‘ free and democratic society.’ 

No Government has ‘demonstrably justified ‘ any of their mandates let alone conduct them within the values and practices of a ‘free and democratic society. ‘ The former would involve an objective cost benefit analysis and the latter a continuing involvement of Parliament and /or the people.  

All of this is most shocking when one considers :

  1. Section 52 of the Constitution Act 1982 which says 

‘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.’

     2. The Beginning of the Charter says:

‘Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:’ 

Every Canadian of thinking age needs to become knowledgeable concerning our Constitution and realize that if we are to keep it we must defend it in every way we can within the law. 

Honourable A. Brian Peckford P.C. 

Last Living First Minister Who Helped Craft The Charter 

Chairman of ‘Taking Back Our Freedoms ‘

42 thoughts on “The Fight Just Begins for The Charter of Rights and Freedoms As Mandates Fall 

  1. Thank you Premier Peckford we need your voice and expert opinion on our Canadian Constitution and our unassailable rights to freedoms .Canadians come first in our country Canada . Trudeau and his gang of usurpers are enemies of everything we cherish in our country . May they dwell in hell forever !

    Liked by 6 people

  2. The mandates have impacted many people is many ways. Our family is no exception and I feel we are a prisoner in our country. The freedom to travel within and our of our country pains me every single day. We lost our only son two years ago to cancer. The pain and grief of that was magnified many times over by covid and the inability to travel to see our daughter and grandsons. We want the Canada we knew and love to be restored with our freedom. Mr. Peckford I sincerely appreciate your passion and efforts to act on behalf of all Canadians.

    Liked by 5 people

  3. “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:’ ”
    I’ve often wondered what exactly this means, or more specifically, how the courts should interpret it’s meaning.

    Liked by 1 person

    • Wayne, if you desire an interesting read regarding your question, please Google the following:

      “The SUPREMACY OF GOD”, HUMAN DIGNITY AND THE CHARTER OF RIGHTS AND FREEDOMS
      Lome Sossin*

      “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”

      Liked by 2 people

    • “For two years, we have seen governments impose a never-ending series of new decrees taking away peoples’ fundamental rights, not through legislative debate, but rather through facebook announcements and press conferences. This is behavior worthy of a banana republic. It is totally unacceptable in a developed Western state like Québec,” concludes lawyer John Carpay, President of the Justice Centre.

      https://www.jccf.ca/quebec-church-files-legal-action-against-vaccine-passport/

      Liked by 7 people

    • By conveniently assuming “Rights are granted by God” or “God given Rights”, WE UNWITTINGLY YIELD to the idea that an authority of some kind grants these. A materialist authority (e.g. a welfare state) is far more real than a supernatural one and they (the materialists) make the more convincing argument in the face of any crisis (manufactured or otherwise). This is largely why so many Conservatives and Republicans get led by the nose towards ever greater levels of welfare state Utopia (dystopia in reality).

      Rights are moral principles that define and defend freedoms of action without imposing obligations, other than the respect of those rights, upon others. They exist to protect the human mind (=the humanity of humans), and ought never be suspended under any circumstances, including war and insurrection.

      Liked by 2 people

  4. The mandates have impacted many people is many ways. Our family is no exception and I feel we are a prisoner in our country. The freedom to travel within and our of out country pains me every single day. We lost our only son two years ago to cancer.
    The pain and grief of that was magnified many times over by covid and the inability to travel to see our daughter and grandsons. We want the Canada we knew and love to be restored with our freedom. Mr. Peckford I sincerely appreciate your passion and efforts to act on behalf of all Canadians.

    Liked by 2 people

  5. One of the biggest problems of the Charter is that it is least accessible to those that need it’s protection the most. It’s too easy for the government to play the bully when violating our Charter Rights. I believe the Charter is missing checks and balances. I would like to see a law introduced whereby:

    1a) All laws are subject to Charter scrutiny before becoming law. When the government wishes to intrude on
    our rights, The government must apply to the courts to do so. Both official opposition AND a
    civil liberty NGO are to offer opposing argument to the court before it makes it’s determination.
    After a time period, if the court allowed the intrusion, the courts must re-assess the Charter intrusion and again listen to opposing
    arguments.

    Liked by 1 person

      • My comments were not specific to your case Brian. All too often government passes laws that violate our Charter but get away with it because those whose rights have been intruded upon are not in a financial position to take the case to court. This is a form of economic discrimination. The recommendation I proposed above would allow the Charter to work for all Canadians equally.

        Like

  6. Appreciate the ‘civics classroom’ today …

    a query that I have is:

    “are we fortunate enough to have an
    effective, impartial/unbiased, independent,
    critical thinking & knowledgeable
    judiciary?”

    as it’s been said, “it’s a long way
    to Tipperary. . . ”

    thanks kindly — i would like to sign
    up as one of your scholars … cheerio …

    Liked by 1 person

  7. I lost my job at a privately owned company due to mandates …. Will the Charter only cover those federally employed if we win to recognise the mandates are/were unconstitutional? Or do you think people like me will have our day to stick it in the faces of those who cast us aside whilst they clamored to be the best at virtue signalling?

    Liked by 1 person

  8. By conveniently assuming “Rights are granted by God” or “God given Rights”, WE UNWITTINGLY YIELD to the idea that an authority of some kind grants these. A materialist authority (e.g. a welfare state) is far more real than a supernatural one and they (the materialists) make the more convincing argument in the face of any crisis (manufactured or otherwise). This is largely why so many Conservatives and Republicans get led by the nose towards ever greater levels of welfare state Utopia (dystopia in reality).

    America’s founding (and subsequent success of Western civilization) was premised using reason, not mysticism as popularly believed. Clearly indicated by reference to a “creator” rather than to “God”. Another obvious indication is that rebellion against tyranny is explicitly forbidden in the Christian Bible.

    In accordance with Aristotelean (vs Platonic) philosophical ideas that led to the development of the scientific method (Francis Bacon 1561-1626) subsequently used in the study of human nature and thus the purpose of govt (John Locke 1632-1704), the American founders established a republic (1776) in which the govt was constitutionally limited to the protection of individual rights—the rights to life, liberty, property, and the pursuit of happiness. In this new republic, men were free to think, to produce, and to trade in accordance with their own best judgment; thus, they were free to thrive in accordance with their intelligence, their ability, their initiative. The result was astounding. https://youtu.be/a0nsKBx77EQ

    Like

  9. It seems the Charter works fine for some;
    This week Judge Valerie here in Nfld threw out a case against 5 charged with involvement with 3 million worth of cocaine. It was hidden in the bottom of a crate at a shipping company, and found by staff who called the police and RCMP, and traced to the 5.
    The problem was the Mounties never had a search warrant, so all 5 walk free.
    She said otherwise we live in a police state, where Charter Rights are ignored.
    Obvious the police often overlook charter rights, and innocent are convicted. But often the guilty, with high prices lawyers, is set free.

    How is this corrected? NO accoutability for police that ignore the Charter? If the common Joe had good lawyers, which they cannot afford, there would be more justice.
    So the mandates is but one case, very important, but what of justice for all?
    Winston Adams

    Liked by 1 person

  10. Pingback: The Fight Just Begins for The Charter of Rights and Freedoms As Mandates Fall, by Brian Peckford - Easton Spectator

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