People protest against measures taken by public health authorities to curb the spread of COVID-19, in Montreal on Nov. 28, 2020. Lawyers have launched an online declaration calling for the restoration of civil liberties in Canada.

 

Lawyers launch the Free North Declaration — a call to defend civil liberties in this country

by Bruce Pardy,

National Post

Originally Published November 20, 2021

Many years ago, as a new law student, I had a moment of disbelief. “Surely it doesn’t really work this way,” I thought to myself as I sat in an early class. The law, I discovered, is not a set of immutable rules, predictable and secure. Instead, it is rife with ambiguity, riddled with uncertainty, and subject to the whims, temperaments and follies of human beings who make and apply it. And yet, as I also came to realize, it has often worked well. The Western legal tradition, upon which the Canadian system is based, has protected individual autonomy better than any other legal system in history. The problem is that for decades that tradition, and the culture from whence it came, have slowly been eroding. And now, during COVID, when the law has let us down, there is a tide in the affairs of Canadians.

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7 COMMENTS

  1. We have a Constitution Act which contains the “Charter of Rights and Freedoms” for the people of Canada. It is a “good” document. However, it is NOT intended to protect the majority, it is intended to protect the “Rights” of the minority when the majority get overwhelming possessive and totalitarian and think that others who are in the minority, “owe” them (the majority) something.
    The provisions of the Charter of Rights and Freedoms was intended that the minority could have a legal recourse appeal to and rely upon the legal Judges to protect their Rights. However, for whatever self-serving reasons, the legal Judges in the past decade have been arbitrarily imposing their own personal thoughts and beliefs into their decisions instead of simply upholding the law. Judges have sworn an Oath to uphold the law and insure it is properly enforced. They are NOT entitled to, nor are they supposed to, modify the law to match their own socialogical beliefs.
    It was NOT intended that the politicians could change and/or modify the laws contained within the Charter of Rights and Freedoms without the consensus of a vote by a two thirds of the politicians in Parliament. That requirement has NOT yet been met in Canada.
    The Charter of Rights and Freedoms was intended to give ALL Canadian the “right” to chose. There is NO “right” or requirement for a person to be responsible for any other person. You might not “like” any particular person who makes a “choice” contrary to your beliefs but that does NOT give you the “right” to arbitrarily denigrate them, isolate them, or to punish them in any manner other than though the due process of law. Government imposed “mandates” at any level, for whatever purpose, are NOT legal law.

  2. Bingo Bruce!

    Too bad all too many citizens, media types, bureaucrats and politicians do not understand this that you pointed out.

    The last 20 months has shown me that many of my fellow Canadians and others in similar peer type nations DO NOT VALUE RIGHTS, LIBERTY AND FREEDOMS! It shocked me to see how sheep like and willing to be manhandled by abusive and corrupted governments and their bureaucracies many people are. In fact how many BEG FOR IT!

    The scary thing is now how many sheeple want to have governments punish those who do not fall into their sheeplike state of mind.

    As a kid growing up and becoming a fan of 20th. century history, I use to ask myself, how could an intelligent, modern European nation (1930’s-40’s Germany) see itself turn into a monster death cult machine where government and media made up as dirty, unwelcome (notably Jews, but also trade unionists, Slavic people, homosexuals, physically and mental disabled and those in dissidents in media and education who dared question the Nazi motives) people were first discriminated against, persecuted, then rounded up to be sent off to camps to ultimately be genocided… I do have some fears that some nations today/soon may do similar thing out of the government/media fear mongering and over hype of Covid 19 nonsense!

  3. Wow. The constitutional scholars are out in force today. Guys, take a breath. We’re talking about a vaccine and a mask… to protect others. You all may care only about yourselves but the vast majority of Canadians actually want to move past this pandemic while minimizing the horrible consequences it brings. Really don’t know how you live with your paranoia.

  4. Robert: I am NOT paranoid as you suggest. I am intelligent and know from personal experience that what ex-U.S. President Ronald Reagan (now deceased) had to say. He said, “The most frightening words a citizen can ever hear are the words, “Hi, I’m from the government and I’m here to help you.” Truer words were never spoken.
    As to your self-serving paranoia about some sort of a “pandemic”. We have purported virus that has NEVER yet been identified. The little round spiked red coloured ball you have been conditioned by the media to believe exists is nothing more than the figment of some body’s imaginary drawing. We are talking here about a vaccine that has yet to be properly developed and tested, and the wearing of a face mask covering that is not even of sufficient quality to prevent you from catching anything intelligent.
    I am 78 years of age, served in the Canadian Armed Forces Military Police, served as a Police Detective, and owned and operated my own business for 38 years. I spent 60 years of my adult life “protecting others”. Trust me, I don’t owe you a god-damn thing. If you are not capable and intelligent enough to look after yourself, then too bad.
    If you have any doubts with regard to my comments about our Charter of Rights and Freedoms, then please let me know the moment you think you might need that “protection” so I can kick you to the curb, just like you tried to do to me.

  5. Robert,

    If you and any others have chosen taken your shots for Covid 19 then why do you care if any other persons out of personal conscience choose not to take the shots?

    If you say you are worried about contracting Covid 19 from an unvaxxed person, then I ask why did you choose to take shots that apparently do not work at protecting you? And if they do not work at protecting you or others who have taken the shots why would an unvaxxed person now relenting to your/these others irrational demands taking the shots make any difference?

    This is the illogic of any vaccine mandates. There is no logic, science of such that validates such asinine and yes, Robert illegal, immoral mandates. Your irrational fears of others who are unCovid 19 vaxxed is not a reason for others to be mandated or forced to take these shots. The now idiot actor Arnold Schwarzenegger said about those not taking the shots, “SKREW YOUR FREEDOM!” Well let me co-opt and adjust his idiot remark and say to you and those others irrational fools, “SKREW YOUR FEAR AND PARANOIA!” ” YOU CAN STAY HOME IN YOUR BASEMENTS AND COWER IN FEAR!” “The rest of us will carry on in life.”

    As to these shots. It has just come out that Israel is seeing that 81% of its current Omicron cases WERE TRIPLE VAXED!!! What does that tell you about these shots? That they do not appear to work.

    Now the good thing is Omicron variant is a mild at worse variant, as ALL REPORTS GLOBALLY! Define it as so and as such common symptoms are:

    Stuffy or runny nose.
    Scratchy or sore throat.
    Mild fever.
    Muscle aches.

    THATS ABOUT IT ROBERT!

    There are no direct deaths anywhere linked to Omicron being the reason for deaths. The South African Health Ministry is IMPLORING the world that we should listen to them and not freak out as most people they have seen diagnosed with Omicron did not know they had it. Most are at home with little to mild symptoms and only a few percent have needed some hospital care. No hospitals in S.A. or any nations seeing Omicron spikes are OVERRUN!

    Robert THE MEDIA AND GOVERNMENT IS EITHER STUPID OR LYING TO YOU! The Pharma industry is MILKING US ALL OF TAX DOLLARS TO RAKE IN BILLIONS MORE DOLLARS FROM MISLEAD PROFITS! Phizer just after the world heard about Omicron variant and before really seeing it roll out as a mild cold like variant saw it profits from these notavaccine shots jump by $10Billion.

    So your argument is fraught with errors, innuendo or lies. That said Robert, the most important thing in any socalled western free nations IS FREEDOM! LIBERTY! AND HUMAN RIGHTS! You may not care about such but many or most people do. Again if you and other paranoid types want to restrict freedoms and rights, DO IT VOLUNTARILY FOR YOURSELVES AND LEAVE THE REST OF US SANE PEOPLE ALONE!

    Both of my parents escaped a totalitarian dictatorship. They did not come to Canada to see it happen here Robert!

  6. Love your down to earth analysis. The biggest question I have is have you heard of any Supreme Court of Canada case going forth about anything in particular and I believe that Brian peckford is on the right track has a provincial government you could ask the Supreme Court of the land to rule on the constitutionality of what Trudeau Hitler is doing. You’re a good man and you served this country well and it should be up to each individual to do and have a shot or not. And if we decide not to then that’s my choice and nobody else’s. That is simply called informed consent and that’s why the Nuremberg trials went through in the first place punish those in the Hitler regime. I am hopeful that doctor Reiner and his team will start the Nuremberg trials to in the very very near future. The world cannot go on like this. We must take a stand at all costs. And that maybe a road that I not wish to speak of at this point in time.

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