Governments in Canada are violating our laws and constitution
Chapter One – In the early 1980s Justin Trudeau’s father Pierre Eliot Trudeau through his Government and Parliament sought to unilaterally bring our Constitution to Canada from Britain so that we truly had our own Constitution and could amend it in the future here in Canada. Some new elements were to be added that affected the provinces including a Charter of Rights and Freedoms.
He failed. The Supreme Court of Canada ruled he could not do this without the agreement of the provinces. Unilateralism was found wanting. Changing our Constitution was a co-operative effort.
The court ruled:
“The two Houses of the Canadian Parliament claim the power unilaterally to effect an amendment to the B.N.A. Act which they desire, including the curtailment of provincial legislative powers. This strikes at the basis of the whole federal system. It asserts a right by one part of the Canadian governmental system to curtail, without agreement, the powers of the other part.
There is no statutory basis for the exercise of such a power. On the contrary, the powers of the Senate and the House of Commons, given to them by s. 4(a) of the Senate and House of Commons Act, excluded the power to do anything inconsistent with the B.N.A. Act.
The exercise of such a power has no support in constitutional convention. The constitutional convention is entirely to the contrary. We see no other basis for the recognition of the existence of such a power. This being so, it is the proper function of this Court, in its role of protecting and preserving the Canadian constitution, to declare that no such power exists.
We are, therefore, of the opinion that the Canadian Constitution does not empower the Senate and the House of Commons to cause the Canadian Constitution to be amended in respect of provincial legislative powers without the consent of the provinces.”
Fundamental change is captured under a constitutional convention or custom and is just as much a part of our Constitution as the written part known as the Constitution Act of 1867.
Today, governments in combatting a so-called pandemic have instituted unilaterally health orders and many restrictive measures that ignore this constitutional convention. Parliaments and the people have been largely by passed in this all-out effort of fear. Cost benefit analysis has been ignored and the qualified emergency planners have been bypassed as so-called medical experts have instituted a narrow based response.
In 1960 the Parliament of Canada passed an Act entitled The Bill Of Rights. It put in law the protection of right and freedoms for the people of the country.
“An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms
The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;
Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law. And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:
Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Bill of Rights
Recognition and declaration of rights and freedoms
1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
The health orders and other ‘pandemic measures’ violate this law.
In the early 1980s, in an effort to better secure our rights and freedoms as Canadians it was agree that these right and freedoms should be enshrined in the Constitution. Therefore in 1981 as part of the patriation package referenced above The Charter of Rights and Freedoms were included becoming a part of THE CONSTITUTION ACT OF 1982.
Canadian Charter of Rights and Freedoms
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada
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.
2 Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights to move and gain livelihood (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
Life, liberty and security of person
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.
Once again, the Governments of Canada and their agencies and public servants have violated these rights and freedoms with the imposition of heath orders and other restrictive measures.
It must be asked — how can this be? A Constitutional convention, a Federal Act of the Parliament and a written Charter of Rights as part of the Constitution are being violated and Governments proceed willy nilly to trample on the rights and freedoms of the people.
The answer is the Governments believe they are protected by Section One 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.’
The only problem is governments have not proven that the harsh and restrictive measures they have taken are “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
Governments have arrogantly moved ahead without providing the justification for their actions in contravention of this Charter condition, this constitutional provision! This is an affront to the conventions, laws and constitutional provisions of our country.
Sadly, to date lower courts in BC and Alberta and the Federal Court have decided cases in complete violation of the unilateralism displayed , some how downplaying provisions of the Bill of Rights and the Charter of Rights and Freedoms and in not enforcing Section 1 Of the Charter which requires that any override of the Charter must be demonstrably justified in a free and democratic society and which has not been done.
And additionally, the evidence is overwhelming that the restricted measures cannot be justified. How can a situation in society be identified as a pandemic when the recovery rate for the majority of the population is over 99 per cent?
When no cost benefit analysis has ever been done on the measures being contemplated and then implemented
When the existing emergency planners in all 10 Provinces and Territories and the Federal Government were not engaged
When Big Pharma has complete immunity from being responsible for their drugs being used to combat the virus
When the drugs are only experimental with medium to long term effects unknown.
When all the clinical trials that have be used on all former vaccines have not been completed yet the vaccines are encouraged to be taken
When tens of thousands of professionals ( 14,803 Medical and Public Health Scientists and 43,599 Medical Practitioners) have condemned the lockdown measures being used through the signing of the Great Barrington Declaration
When the PCR tests being used have proven to be faulty and produce many false positive tests. Actually confirmed by the inventor of he tests!
When numerous studies have shown that masks used by almost everyone are ineffective and in some cases harmful
When death records have been shown to be wrongly described
When the dugs being used have caused more deaths already than all previous vaccines for 30 years.
When official records show hundreds of thousands have been injured in the USA and over a million in the European Union from the vaccines in just six months
When the media giants ( including the CBC) have all conspired by written agreement to refrain from publishing any negative reports on the vaccines or measures taken
When the social media platforms who are unqualified regularly remove negative reports concerning vaccines
When already recovered Covid patients are being encouraged to get a vaccine when it has been shown they such people already have immunity
And why the big push to vaccinate children who are at minimum to no risk from the virus?
And perhaps the most egregious of all is :
There are cheap effective treatments Iivermectin, Hydroxychloroquine and vitamins and supplements ) available which if taken properly can reduce hospitalizations by 85% and make the experimental vaccines redundant.
When Vitamin D has been downplayed when it’s proper use provides immunity and reduces severity of the virus effects
When this information has been provided to the public and even to the Congress of the United States
Chapter Five — Conclusion
It seems that in this country we will have to rely at some point (the sooner the better) on the highest court , The Supreme Court of Canada , to restore our democracy.
Will these learned judges, unlike the judges in the lower courts, examine the evidence, honour our conventions, honour our laws and the Charter – and have the courage to do what their colleagues did in 1981 and reject another Trudeau and his Government – and protect the liberties and freedoms of this great land?