Protesters: 6 Ways Trudeau Violated Canadian Version of the Bill of Rights
Authoritarian leaders in democracies have become power-hungry dictators
Protestors in Canada took to Twitter Saturday to allege six ways Canadian Prime Minister Justin Trudeau has violated the country’s version of the U.S. Constitution’s “Bill of Rights.”
In the image above, an X strikes through six areas (it looks like seven) of the Canadian Charter of Rights and Freedoms.
From the beginning, the Freedom Convoy of truckers has maintained they are protesting Trudeau’s mandates during the course of the pandemic. Violations of basic rights the PM and his government have even used to end the protest.
In what areas do protesters allege Trudeau has violated the government’s covenant with all Canadians?
Application of Charter
I am neither a Canadian citizen nor an attorney, expert in the Constitutional law of Canada. But it does not take much reading nor intelligence to see where the truckers, and the thousands of citizens who have rallied to support them financially, with food, fuel, and other needs, have an actionable cause.
A problem also seems to lie within the level of tacit or complicit cooperation exists between Trudeau’s government and the provicial and national courts.
Canadian freedoms, are they being abused by the government(s) of Canada?
Below are the sections of the Canadian Bill of Writes that appear to be under attack now, even as the protest progresses. The highlighted sections that are in bold and italics are where I think an affirmative argument can logically and honestly be made:
Everyone (in Canada) has the following fundamental freedoms:
freedom of conscience and religion;
freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication;
freedom of peaceful assembly; and
freedom of association.
The truckers have blocked streets in several Canadian cities, but mostly in Ottawa. Aside from a few bad apples, are they protesting peacefully? Yes, just watch YouTube and all the various live streaming feeds and recorded videos that are popping up. There is music, dancing, food, and even free coffee.
Are local, provincial, and federal government officials doing everything possible to remove the protesters without so much as meeting with them and letting them air their grievances?
Has the CBC, along with legacy media in the United States gone out of their way to cast a negative light on these protesters and tell them that they are wrongheaded?
Democratic rights of citizens
Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Maximum duration of legislative bodies
No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.
Continuation in special circumstances
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.
Annual Sittings of Legislative Bodies
There shall be a sitting of Parliament and of each legislature at least once every twelve months
My assumption here is that since the word “insurrection” is mentioned that this somehow applies to Trudeau’s actions within Parliament. When the Mounties and their protection units to the PM and his family to their undisclosed location for his “safety,” Trudeau’s lieutenant is said to have labeled the protesters as being party to an “insurrection.”
Mobility of citizens
Every citizen of Canada has the right to enter, remain in, and leave Canada.
Rights to move and gain livelihood
Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right:
to move to and take up residence in any province; and
to pursue the gaining of a livelihood in any province
The rights specified in subsection (2) are subject to:
any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Affirmative action programs
Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
The first part of the section says all Canadians have the “right to enter, remain in, and leave Canada.” There’s nothing there that requires a “vaccine passport,” or adherence to mandates issued by any level of government.
Life, liberty and security of person
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.
Search or seizure
Everyone has the right to be secure against unreasonable search or seizure.
Detention or imprisonment
Everyone has the right not to be arbitrarily detained or imprisoned.
Arrest or detention
Everyone has the right on arrest or detention
to be informed promptly of the reasons therefor;
to retain and instruct counsel without delay and to be informed of that right; and
to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Proceedings in criminal and penal matters
Any person charged with an offence has the right:
to be informed without unreasonable delay of the specific offence;
to be tried within a reasonable time;
not to be compelled to be a witness in proceedings against that person in respect of the offence;
to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
not to be denied reasonable bail without just cause;
except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Treatment or punishment
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
More than anything here, I’d focus on the numerous videos where Ottawa police are taking firewood, food, gas cans, etc. from protesters.
There is YouTube video where one officer has removed a gas can from a truck and is moving in a herd of officers. The person filming yells to the officer, “That belongs to somebody else.” To which the officer responds, “Not anymore.”
There’s also the language that assures that all citizens of Canada are guaranteed the right to … liberty.
Equality before and under law, and equal protection and benefit of law
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Affirmative action programs
(Subsection 1 does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those who are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability
When the Prime Minister, the provincial leader, and a city mayor are all guilty of this, having demeaned, threatened with tickets, jail time, and even to have licenses revoked, etc.
In such instances, it’s pretty certain the protesters are not being treated equally under the law. Government officials have said the truckers protesting are guilty of “sedition,” and are “insurrectionists.” Just a few of the things they’ve been labeled in an attempt to discredit them and their protest.
Not to mention the abuse of the courts that have issued orders allowing the Canadian governments to seize charity funds totaling close to $18 million or more.
Application of Charter
This Charter applies:
to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
From all appearances, it seems clear that Trudeau, the provincial leader Ford, and local mayors have certainly violated the people’s charter.
The greater problem the protesters have is that each level of the government is rigged against them when a leader at each level can hand down his/her own’s fiat that flies in the face of the guaranteed rights above.
If a government no longer feels it is bound by its constitutional provisions, it’s certainly not operating as a democracy, which means a government of the people.
While Trudeau et al. declare the truckers as dangers to the Canadian democracy, they cannot be anymore ridiculous.
A constitution, in Canada, a charter, that the government does not follow to the letter is no longer a democracy. It is nothing less than tyranny. As the protesters of the Freedom Convoy have clearly made the case, it is not them who must be stopped. Rather, it is the government of Justin Trudeau that must be stopped.