Vaccine mandates violate Canadian Charter of Rights
An open letter to Mayor and Council, City of Parksville
I oppose your mandatory policy of requiring all your employees to be vaccinated in order to hold their jobs.
This violates The Charter of Rights and Freedoms of the Constitution Act of 1982 that I helped craft.
What you are doing violates Section 6 (2)(b)
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.
Additionally, you are violating Section 7–‘ every citizen has a right to ‘life, liberty and security of the person’ and Section 15–the right ‘ to equality before the law. ‘
No doubt you have been told by your lawyers and/or Provincial Government lawyers that this is all proper and within the Charter.
They are wrong. It is likely that The Province has advised you that you are protected because of Section 1 of the Charter. You are not.
Section 1 is meant to be used when the state is in peril, war, insurrection. A virus with a 99% recovery rate and a fatality rate of 0.08% hardly qualifies as a peril to the state.
And if, for arguments sake, Section 1 did apply no Government has met the tests necessary in order for this section to qualify:
Consistent with a free and democratic society
For example, to just take two of these tests,numbers one and four.
To demonstrably justify would mean a cost benefit analysis . None has been done by Governments. Numerous Independent studies show that the cure is worse that the disease : The Great Barrington Declaration and a study by Dr. Douglas Allen of Simon Fraser University involving 80 studies, both now over a year old and still valid . Hundreds more exist that I can send you.
To be consistent with a free and democratic society would mean meaningfully involving the Parliaments of this nation, parliaments being open, parliamentary committees studying the Government measures and making recommendations. And how about involving the people directly; there has been lots of time to do this. That would be a free and democratic society.
So, you are violating the Supreme Law of this Country, our Constitution . Section 52 of the Constitution states
‘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.’
Additionally, you may have been advised that the courts have ruled . Some lower courts have ruled, but the Courts of Appeal and the Supreme Court of Canada have not yet ruled and appeals are underway. The game is not over.
Lastly, the first words of the Charter of Rights and Freedoms states : ‘Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:’
The lower courts ‘ decisions to date have not acknowledged that these are the principles that must guide all decisions made using the Charter and hence are invalid decisions.
I am prepared to make a presentation to Council and answer any questions.
Daily, now, major organizations are beginning to walk back their earlier support of these covid measures, including the World Health Organization, media outlets and researchers. Government narratives are falling apart as vaccines don’t work as advertised, tests are flawed, masks don’t work and these covid vaccines have killed and injured more people than all other vaccines together over the past 30 years.
You are travelling in the wrong direction of fact, the Constitution and history.
Please reconsider and protect the rights and freedoms of your employees.
A. Brian Peckford P.C.
Last Living First Minister Who Helped Craft the Constitution Act 1982 That Contains The Charter of Rights and Freedoms.