Is God a Dirty Word?
March 17, 2022
Abuse of Our Charter of Rights and Freedoms And The Courts.
This is one of the most disappointing things about the so called pandemic.
I am not a lawyer but I have been around them most of my political life and had the good fortune of having several legal minds in my Cabinet and advising me on a regular basis.
And going to the Supreme Court of Canada three times when I was First Minister can focus the mind.
Call it learning by osmosis.
Two recent Provincial Supreme Court Judgements concerning our Charter of Rights and Freedoms are deeply concerning.
One , in the Supreme Court of British Columbia , Beaudoin v British Columbia 2021 and the other Court of Queen’s Bench, Manitoba—Gateway Bible Baptist Church et al. v. Manitoba et al. Cited as: 2021 MBQB 219.
What is most disturbing is the misuse or non use in these cases by the Judges of a very important part of the Charter : ‘whereas this country is founded on the principles of the supremacy of God and the rule of law:’
Can you believe this?
In the first case referenced the Judge in his introduction actually refers to these two important principles : ‘The preamble to the Charter invokes “the supremacy of God and the rule of law” as principles upon which Canada is founded.’
But unfortunately the judge changed the wording and grammar —-
The statement actually reads ‘ whereas this country is founded on the principles of the supremacy of God and the rule of law:’
This might sound like a small point —-
But it isn’t , at all.
Its a big point because the whole meaning is changed !!
The actual wording in the Charter and the colon at the end means that it is in considering these principles that the Charter is to be interpreted. It is an active sentence , the word ‘whereas ‘ makes it so.
In the Judge’s rewrite , which he had no business in doing, makes the whole sentence a passive one and one that talks about Canada’s founding with a period at the end . More or less, I am finished with it now that I have mentioned it . It was so founded decades ago.
This relieves the Judge in his rewording from examining these two principles as alive now in the rendering of his judgement.
And these principles are therefore not mentioned anywhere else in the judgement . But they are there at the very beginning of the Charter. And for a reason —-to be considered .
The Charter ‘s wording and meaning was changed by the judge and there is no provision that allows this.
In the Manitoba case there is no mention at all of the opening statement thereby in its omission ignoring the whole thing and making the selecting of what is to be considered in the Charter up to the Judge.
It seems the Judges want to shy away from God and the rule of law .
But these principles are right there at the very beginning of the Charter, alive and operative today.
God is suddenly off limits. And the rule of law.
Constitutions are different than Federal and Provincial laws. They are the principles that form the glue of a nation. They encompass values . They encompass Permanence and sustainability. When you breech values you breech the nature and fabric of the nation . The Charter of Rights and Freedoms encompass those values : freedoms and rights that each individual Canadian possesses. Their violation
But that is not all !
There is no mention anywhere I can find in these judgements about intent and in this case the intent of the crafters of Section 1 of the Charter.
As one who was there I can say that the intent of Section 1 was that such override would apply to a national dire situation like the state’s existence was at stake , a war, an insurrection; not a manufactured emergency where there was a 99% recovery rate and a less than 1% fatality rate!
Note just a little further on in the Charter in Section 4 (2) :
(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.’
Do you think it plausible that the crafters of the Charter would have a different set of conditions applying to taking away personal rights and freedoms than extending the sitting of a Parliament in the country?
Then there is the whole idea of the tests of Section 1. Two stand out : ‘demonstrably justify ‘ and ‘ free and democratic society .’
In the judgements referenced there is a deliberate effort it seems to play down ‘demonstrably justify ‘ and ‘free and democratic society ‘ gets ignored altogether.
In the Beaudoin case for example in summing up the respondents case the judge on point 136 says: ‘The respondents contend that the real issue is whether the impugned G&E Orders are “reasonable limits” on these freedoms under s. 1 of the Charter.’
Everything thing get reduced to ‘reasonable limits. ‘
But the Charter says ‘demonstrably justify within reasonable limits.’ And in the context of a ‘free and democratic society. ‘
Once again the Judge changes the words and meaning.
Where is the Judge on the actual words in the Charter ?
The Government is to demonstrably justify its actions. In public policy terms that is something like a cost benefit analysis; To prove that the benefits of their proposed actions are greater than the costs —-That we really need to take away peoples’ rights and freedoms to mitigate the situation.
Do we see anything like this in the judgements?
No, we see just a litany of public heath orders and how bad everything is using case counts that are only 5% accurate in capturing serious disease.
There is no actual proof of meeting the demonstrably justify test.
And it is not like there was no evidence . In April 2021 a university professor, Dr Douglas Allen , at one of our own institutions , Simon Fraser University , produced a report ( Covid Lockdown Cost/Benefits: A Critical Assessment of the Literature ) and after reviewing 80 studies concluded that the cure was as bad if not worse than the disease. His concluding paragraph :
‘The progression of understanding about the virus has improved over time, but it has not fundamentally changed. By August(2020) there was enough information available to show that any reasonable cost/benefit analysis would show that lockdown was creating more harm than good. It is unreasonable to suggest that a proper decision could not have been made in the fall when the second wave of infections hit.’
You would think such information would make one ( The Governments) ponder and halt what was being done . Information as early as August 2020 pointed to big lockdown problems.
Surely the judges were aware of such information !! The judge’s decision in the Manitoba case was October 21, 2021 decisions, 6 months after the report’s release.
Then the ‘free and democratic society’ test .
Where does the judges define this test?
And what does ‘free and democratic society’ mean?
One would think it means involving the people, you know , parliamentary democracy.
Just think —-perhaps this means involving our parliaments, the representatives of the people???Not for a day , but through parliamentary committees for the duration of the problem, calling experts from outside the Government , over seeing the Government action and making them report to the people.
But this did not happen and the courts have given the Governments a pass on such an important test of Section 1.
Of course, for those who follow such things , the Charter as written has been under attack for a long time. The ‘living tree’ exponents say the constitution is to reflect the times even without a word being changed in the Constitution by the elected.
This is not democracy —this is rule by the unelected, the antithesis of parliamentary democracy.
It is time Canadians stood up and opposed such judicial interference in what was written by their elected representatives.
The Constitution Act not only included the Charter of Rights and Freedoms but several other important subjects including the amending formula; that is , how the Constitution would be amended in the future. And the fact that, as the Supreme Court of Canada said in its decision of September , 1981 rejecting the unilateralism of Pierre Eliot Trudeau , Constitutional Change is possible , you just have to go about it consistent with the conventions of this nation.
So the elected can and should be the ones to amend our Constitution , not unelected judges.
Legislative over reach : the mandates ( Federal and Provincial) of the last two years and the Federal Emergency Act and the judicial over reach : recent court decisions involving the mandates , some highlighted here, are inconsistent with the Charter of Rights and Freedoms , and inconsistent with the conventions of this nation and hence unconstitutional.
There is a constitutional procedure by the elected for amending our Constitution.
Our Governments should remember that it was John Stuart Mill who said in 1859 in his essay on Liberty :
‘Like other tyrannies , the tyranny of the majority was at first, and is still vulgarly, held in dread , chiefly as operating through the acts of public authorities.’
And Charles De Montesquieu almost a century earlier in 1748 in his Spirit of the Laws declared about Liberty :
‘It is there only when there is no abuse of power . But constant experience shows us that every man invested with power is apt to abuse it, and carry his authority as far as it will go. It is not strange , though true , to say that virtue itself has need of limits?
To prevent this abuse it is necessary from the vey nature of things that power should be a check on power. A government may be so constituted , as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits.’
The courts and Judges should be mindful of what Professor Christopher Manfredi of McGill University said:
‘ Rights based judicial review taken to its extreme becomes an anti-democratic power, wielded by courts to alter the fundamental character of a nation’s constitution without significant popular participation or even public awareness——Judicial supremacy , in other words, is overtaking constitutional supremacy.’
Finally I say:
Constitutions are different than Federal and Provincial laws. They are the principles that form the glue of a nation. They encompass values . They encompass Permanence and sustainability. When you breech values you breech the nature and fabric of the nation . The Charter of Rights and Freedoms encompass those values : supremacy of God , rule of law , freedoms ( speech, religion, conscience, the press, of assembly snd association , and rights ( of mobility , to earn a livelihood, life , liberty and security of the person , equality before the law) that each individual Canadian possesses. Their violation in the last two years cannot be justified , defy the intent of Section 1 of the Charter, when Section 1 is applied the tests are unmet, and lack logical and scientific support and in the end cause more harm . And there were alternatives.
Democracy is a fragile thing , once lost it is difficult to regain. What happens next time if the Charter’s values are not honoured now asks the ordinary citizen.
That’s why —
Our appeal courts have a duty to uphold our Constitution as written .
Honourable Brian Peckford P.C.
Last Living First Minister Who helped Craft The Constitution Act 1982
Chair of Taking Back Our Freedoms
Life without God given freedom is not worth living
I pray for my kids and grandkids.
What is happening in Canada and the world is because God has all but been eliminated from society. I’d say every government on this earth is corrupt. And all the hunger , misery etc would all be gone except for that fact.
As far as I’m concerned we need another global biblical flood now.
Mr. Peckford is absolutely right. Also, Professor Christopher Manfredi at McGill University is absolutely right when he said that our Courts have slowly decided to replace our Constitutional Supremacy with their version of Judicial Supremacy. This has been allowed to happen over the years because it all started with the appointment in 2000 of the Social Justice Warrior, our recent Chief Justice of the Supreme Court of Canada, Beverley McClachlin (now retired thank God).
Judges are supposed to, and required to, ensure that our laws are properly understood, properly protected, and properly enforced, NOT subject to CHANGE or INTERPRETATION by them to suit their own particular perception of what the Law should be and they should definitely not be changed because of any particular political purpose.
Unlike all nations that are based on Biblical “Christian ” Faith (ie: Western world nations such as European, American, Canada, ANZAC, most Hispanic/Latino nations and such) these nations are either governed by religious theocracies that force to take up and many make illegal to NOT follow the established religion and its man governed theocracy, or they subvert any faith and are atheistic, Marxist-Communist type dictatorships where they elevate the “Dear Leader” as a deity. Western world nations were/are each and all tied into our Christian and Biblical values. Most may not govern by any certain Christian denomination, but our civil and criminal laws are tied to our long held Christian faith/beliefs.
If we all just followed the Ten Commandments as a start (for some of you just read it for once) much of our troubles would be greatly relieved
The Marxists, woke socialists, liberal elitists and their mindless minions have for decades now tried to undermine the western world values. This is Luciferian, for he knows to subvert the western world he must have most of us toss out or otherwise make illegal any and eventually all Christian based values we may have. Sadly for now it appears to be working. The rigid religious theocracies as crappy as most of them are by decree hold onto their rigid values as vile as many may be. Atheistic Marxist type nations also by the firm hand, err; fist of Dear Leader hold the line to their values as backwards and immoral as ALL Marxist values are.
But we in the west who do rightfully champion or once did more liberty and freedom can have the values of Christian faith that branched our nations together easily undervalued and undermined. Of course we do not want to IMPOSE religion on our society, GOD LOVES US ALL SO MUCH THAT HE DOES NOT DEMAND US TO LOVE HIM BACK! Yes, there will be a consequence for those who do not follow his words and accept Jesus as their Saviour. But our western world made it clear that we govern by civil laws (most based on the Biblical values, morals and codes, even if many of us wish not to accept that) and we each keep our moral compass to our faith in God and our Lord and Saviour Jesus Christ. By such our civil governments and laws are to be balanced to the morals of the Bible. But again decades of anti-Christian, growing immorality, Marxist and yes many backwards religions have and are undermining the western world. THERE WILL BE A HARD/BAD PRICE TO PAY FOR SUCH IF WE DO NOT STOP THESE ENCROACHMENTS A.S.A.P!
Societies that do not have a God and one that is of truth and morals, Biblically proven, will be societies that will in time crumble, fall into disarray and yes destroy themselves. HISTORY PROVES THIS FOLKS! But we have been blinded by morally corrupted, anti-God, and anti-western world people to NOT see this.
The good thing is that we all can freely choose to see this and as a collective move/return our once grand western world society back. The thing is Satan must tell us or reveal his intentions and he uses demons and other morally bankrupted people to carry is corrupted ideals forward and as such he and they are ultimately weak. He is a master deceiver though, plays word games with the truth as he intersperses his lies all to try to master con us. Many of us fell and fall prey to it all. MANY OF US WILL SUFFER FOR SUCH! But never forget folks, Satan cannot force you to do things against your conscience and morals. He can only try to lie, bribe and promise you things to have you give your will and soul to him. Christians know this or should know this.
I was once an atheist and or bounce around with agnostics, so I know how these people think. I finally found out through introspection and thus also asking God to help remove my blinders and I saw that the things I thought were of importance and value as an atheist or agnostic were truly shallow, vapid, weak of true values and importance of life. Taking my steps back to God is an interesting but enlightening journey. I only wish and pray for all to take similar journeys if not yet on one to find Jesus Christ and God Almighty and to help restore what made the western world great. Christian faith within our civil laws and liberties.
Yes we do need a global flood from GOD, that’s the only way this will ever end now, because Trudeau is so wicked and his wicked followers have been playing GOD for so long now I think they actually think they can beat god, but sorry for them that will never happen, they might think that they are beating him down but that’s only going to happen for a little while. The government has been corrupt for so long and they have gotten away with so much, because they have been doing bad things slowly behind closed doors, so people outside the government would not notice what was really happening until resent when some good people did have their eyes open and you can be sure that god did that, so Justin Trudeau, you and your followers are running out of time. I would love if more people would open their eyes and actually see that the government criminals that they thought would never do anything to harm them, just might do exactly that. I’m thinking that there’s a lot of people should be careful because karma can hurt real bad, because when you criticize your friends and family because they don’t believe all the lies and corruption and don’t want to take a vaxxine that will eventually harm them in some way, and that’s the only way they can feed their children is to take the poison, I don’t know about other people but that’s not ok with me. The freedom that we once had we will never have again, it’s going to get worse before it gets better, some people will understand. God be with us all 🙏 and never think that man on earth is more powerful than God in heaven 🙏 that’s for all the Justin Trudeaus out there, power don’t mean much here , it’s on the other side that really matters.