Jul. 31, 2021

Premier Horgan, stop violating our constitution

A. You must order your Chief Public Health Officer and other health officers to cease and desist their public comments. They are divisive, undemocratic and wrong 

Your unelected Public Health Officers are running roughshod over established procedures and uttering discriminatory statements violating our constitution. You and your ministers are the elected, and the ones who should guide and announce public policy not unelected officials. Democracy ceases when the unelected are in charge of public policy. They are simply advisers. The elected decide in a democracy. And that’s what the law is in the parliamentary democracy called Canada. 

B. To suggest, as your public officers have in the last few days, that unvaccinated Albertans and other unvaccinated Canadians should not come to this Province violates our Constitution: Section 6 (a ) says

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

And Section 2(c) and (d) says 

2 Everyone has the following fundamental freedom
(c) freedom of peaceful assembly; and
(d) freedom of association.

And Section 7 

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.

C. Do you not know that vaccinated people can transmit Covid? 

It is happening as we speak in many parts of the world (UK, Israel, and the USA) and no doubt here. Therefore, there is no medical reason for your Government to suggest, recommend or any other way, do anything that prohibits the free movement of all people. Additionally, establishing and announcing cases using PCR tests is not a reliable measure to test for Covid as numerous independent studies have demonstrated. 

Hence, trying to establish classes of people based on so-called vaccine status is unconstitutional and in any case is based on false and misleading medical informations.

D. If you think that Section One of the Charter protects you, you should think again.

Section One 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. 

The condition here means you have to ‘ demonstrably justify ‘ what you are doing to be consistent with reasonable limits in a free and democratic society. 

You have not done this. 

Nor can you do this given the evidence of vaccinated people transmitting the disease, numerous studies demonstrating that masks do not work and likely do harm, especially to children, and that your testing method for determining cases is seriously flawed. 

I appeal to you to honour our constitution, and examine all the medical information.