by | Nov 10, 2020 | Freedom, Q&A | 2 comments

Why have a Freedom March?

 

What Constitutional Rights are being violated?

As to illegality of much of the Covid-19 legislation, this is such a broad topic, and the legal challenges to these unconstitutional and charter-violating edits is enormous and complex.  I have been working directly Vaccine Choice Canada for some time now, and they are represented by lawyers from the Constitutional Rights Centre (https://www.constitutionalrightscentre.ca/) in suing all levels of government.  Also, the Canadian Constitution Foundation (CCF) has launched constitutional challenges and lawsuits in Ontario.  These constitutional challenges involves about 20 individuals, entities, municipal and regional governments, and public health agencies.

 

  1. As pertaining to mandatory masks: Ontario’s June 12 order imposing mandatory face masks in commercial establishments breaches the Canadian Charter of Rights and Freedoms, as the order prima facie violates the right to liberty under s. 7 because it forces people to cover their faces and interferes with their bodily integrity. The lawsuit also argues that the mandatory face mask order infringes the right to non-discrimination on the basis of disability under s. 15 of the Charter, because it imposes a disproportionate burden on individuals with disabilities, such as asthma, emphysema or trauma-based phobias of breathing obstructions.

 

  1. With regard to lockdowns, the suit states that the closure of businesses to prevent the spread of the virus was “extreme, unwarranted and unjustified,” that self-isolation measures imposed on individuals were “not scientific, nor medically based nor proven” and that the mandatory wearing of face coverings in some public spaces imposes “physical and psychological harm.” More broadly, the lawsuit alleges that the measures violate Sections 2 (right of association), 7 (life, liberty and security of the person), 8 (unlawful search and seizure), 9 (arbitrary detention of enforcement officers) and 15 (equality before and under the law) of the charter.   “The measures … are further not in accordance with the tenets of fundamental justice in their overbreadth, nor are they justified under S.1 of the charter in that they are demonstrably justified in a free and democratic society,” the lawsuit states.

 

  1. Regarding restrictions of movement and quarantines: Section 6 of the Charter says, “Every citizen of Canada has the right to enter, remain in and leave Canada.” The notwithstanding clause doesn’t apply to this section, underlining the importance of the right. The Immigration and Refugee Protection Act (IRPA) also guarantees that same right not only to citizens but to permanent residents. The federal Quarantine Act contains measures that conflict with the Charter and the IRPA,

 

  1. As specifically pertaining to worship: the restrictions are limits are being challenged in court, and a number of constitutional lawyers are confident that these restrictions will be judicially overturned on the basis of violating constitutional and charter rights.

Thankfully, many of these decrees and diktats have already been overturned by courts in many other jurisdictions worldwide, which provides some optimism that in Canada, which was founded on a strong western legal system, these challenges will succeed, and the courts will rule as unconstitutional and in violation of  human rights many of these emergency measures that have been enacted.

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2 Comments

  1. Abe

    Well researched and articulate. The wonderful reality about truth is that it prevails, is unyielding, and eventually surfaces.

    Reply
  2. James Chard

    Thank God for THe Charter of Rights and Freedoms. There was good reason for this Charter. Now it rises to defend us against tranny. But those who imposed these mandates must be severely punished to act as a warning to any future tyrants.

    Reply

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