As of late there has been a lot of people trying to use the Charter of rights of Canada and the constitution of the country to justify their want to “protect their freedoms” and try and do everything from get the government to revoke any protective COVID mandates up to and including the toppling of the government. Now everyone knows Im triple vaxed as it my wife and my special needs daughter is double vaxed and will be triple when we can get her the third shot…..So most people also know, like most Canadians….Im Pro-mandate and feel that the need to protect the medical system, those that are at risk of dire consequences…like death….and those that can not actually get vaccinated is a personal duty that we all have.
However,
people I know personally have been posting on their Facebook pages (I now the
great and mighty land of social media…where no one has consequences for what
they think and say right…unless someone disagrees with you then…well you are the
DEVIL). What have they been posting…well Anti-vax, anti-mandate and pro-“Freedom
convoy” BS. I say BS because its what I
see. Now we all have a right to speak
our mind, with the caveat that we also then must live by what we say. Someone
says “Vaccine mandates are stupid and no one should get the vaccine, its
dangerous and evil” then they bitch when they get fired from a job or family
members abandon them…that’s the consequences of stating your mind.
So
lets talk a lot more about things like the Truck convoy as that’s the latest in
a long line of hot topic items we should NOT be talking about. I mean we don’t walk
around talking about religious things, Politics or other topics that can create
a chasm between people…wait we do? Crap!
Well we should not! Im trying to learn the lessons my wife teaches me…or yells
at me, and those that my friend Mary tells me (She is nice enough not to yell).
By that I mean I am trying my best to
not reply on line to things I see as stupid arguments, its not my job to
educate or argue with others…and my blood pressure is starting to concern my doctor
when I talk about this stuff and other stupid things people do or think…however
I do want to clarify a few things here.
Its
not our job to push our morals on others. Some people simply wont get the
vaccine for their own reasons and they don’t feel the risk of taking a vaccine
is worth it, never mind that most of them will go get a Flu shot and have had
lots of different vaccines over the years. If you said “Free trip to Fiji, but
you need to get travel vaccines to go” Bloody rights those people would get
into line at the travel clinic to get the shot!
So, in most cases its not really their health they are worried about,
its their pride! I also think that if
their “political” party or their side of the argument had come up with this
idea of a vaccine that would protect society…big ass line up of red necks and
right wingers!
Im
not going to go to deep into the reasons people don’t want the vaccine or don’t
like the mandates, most of which are paper thin even if they hold onto them desperately.
I want to look directly at two of the most silly arguments that they use as to
why we CANT force them to get the vaccine and they do not have to listen to the
mandates. However, I do want to point
out most of the people just don’t want to wear a mask and are not even traveling
but they feel they should be able to…if they wanted to….okay! Also, the vaccine…not
being forced on you. You have a choice not to get the vaccine, no one is
showing up at your house with police to hold your dumb ass down while they
inject you with this unholy vaccine!!! However, your choices DO have consequences
and in this case its how you travel, were you can eat and what kind of
activities you can do.
But,
lets talk about their “Legal” argument as to why they don’t have to get a
vaccine and should still be able to do the things they want to do…like opulent children,
they must be told…just because you want something does not mean it is so. But what
arguments do they make…well they say its against the charter of rights and freedoms
or the constitution to restrict them from these things…..And the first indicator
that these people are wrong…99.9% of them have not read the charter, taken a
law class and they are quoting web sites and not the charter or constitution
themselves. Most of them do not even have a science back ground! They can not
pass a grade six science test but they know all about how the vaccine may affect
the body and how they are made….and they are wrong.
Now
I am going to use Betteridge’s law here a lot…and no that not a science
technique, it’s a literary technique made famous by a magazine that essentially
says if a headline has a “?” in it…the answer is almost always NO! I am also
going to avoid giving a complete civics class, so keep in mind this is not a total
run down of the two documents Im going over here, AND I do encourage you to
read them yourself.
Some Background….
The Canadian constitution is often referred to as “the
supreme law of the land” and it outlines Canadas method of governing itself and
its civil and human rights for those who live in Canada, visit Canada as well
as how we interact with the Aboriginal/indigenous peoples of Canada. The Canadian
constitution is an ever evolving document, it started off as a set of treaties
and acts between the crown and Indigenous peoples in 1867 when it was known as the
British North America Act. It basically said “this is how parliament is going
to work, who gets to vote and how confederation is going to work out. It was
renamed the constitution 1982. This document is mostly used to outline the
division of power between the provinces and the Federal government now adays.
Canadian Constitution
In 1982 an amendment was added to the constitution
that basically legislated independence from the UK and it also outlined a rule
that now said Canada was officially a bilingual country. No small thing as the
province of Quebec itself had never had federal protection for its language
prior to this. The original British north America act was split into Ten parts
and a “Small bill of rights”. The first and
second act were about the union of the country itself, The third was about
executive power, fourth was about the legislative power along with the formation
of the house of commons and senate and the fifth was about provincial
constitutions.
The
Division of power, First nations, Inuit and Metis, Criminal law, Marriage and
Property rights/civil rights were all part of part Six. This section says that
the Provinces have the right to make law related to “Property and civil rights
of the province”. This second is not really about civil rights as much as it is
who can create and enforce them locally.
The
Seventh part is about Judicature, meaning setting up local, provincial and
federal courts. Part Eight is about
Revenue, taxes ext, Part nine is “Miscellaneous” …essentially its actually
about the Federal governments power to implement treaties on the part of the
British government, however since Canada acquired full Sovereignty…this part has
lost its importance. Part Ten…the last one is about admitting other colonies into
the Union. But what about the “Small bill of rights” Well I read the whole thing.
Its call the “Implied bill of rights and it has NOTHING to do with the kind of
rights that the right is saying they are being infringed upon. The Bill of
rights limits the duration of a house of commons can sit (Maximum 5 years),
guarantee of representation in the house of commons for all provinces,
Jurisdiction over education to the provinces and also a very Segregational idea
of separate schools for protestants and Catholics, Prohibition of customs
duties and tariffs on inter provincial trade, Provisions for Bilingualism n the
legislative and judicial branches….and also an act to create Canada day.
The
1982 act added a lot more about equalization and equal opportunity, Aboriginal
and treaty rights of indigenous people, Some minor changes were also put in
place and of course the whole booting the Brits out of our country law making
ext. but for the most part it did not make a tone of changes. So when someone
says “Its in the constitution…” NO, No its not!
But, what about the
Charter of Rights and Freedoms?
The Charter of rights and freedoms is in part one of
the Constitution act of 1982 and it is the constitutional guarantee of your
Civil rights and liberties in Canada. It guarantees lots of things as a right,
but keep in mind…if its not listed here its not a guaranteed right…and there is
also this little thing called the notwithstanding act, which I will also outline.
Most importantly, the whole act is written in very plain
language so that everyone can understand it, which is IRONIC because most
people misquote it and add to it when they feel its needed. The Charter of
rights actually was the easiest part for me to read…in grade 12 and again last
week…actually a few times since then too. The charter is mostly seen as a tool
for the courts to balance the rights of people and provincial/federal law. It has
been used to strike down laws that were created that infringed on the specific
rights guaranteed in the charter. It is not a tool an individual can use, which
confuses people. You can not quote it and magically things happen, or don’t happen
anymore. You must go to court and the judges will then balance the case against
the charter. This confuses people, but put plainly the duty of enforcement of
the charter is in the hands of the COURT not the people.
Under the charter, people PHYSICALLY present in
Canada have specific civil and political rights, this means…for those paying
attention…if you are not in Canada…you don’t have the same rights you have here…so
don’t tell the Russian embassy that you have some specific rights…you may get
them to laugh at you comrade! One thing
to note, people who are Indigenous to Canada have several rights that we do
not, and Im not going to cover that at all other than to say we set up some
pretty sweet agreements with the people who were here before us to guarantee
them specific rights…..not saying we enforce them or treat them as if they have
them…that’s for a different blog.
First lets start with Second 1, which is a section often
“Over looked” by those arguing that the human rights (not a thing) are being
taken from them…it’s known as the Limitations clause, which allows the
government to justify certain infringements of charter rights to people.
Infringements can be upheld if the government reason for infringing on the
rights in the charter are “Pressing and substantial” in a “Free and democratic
society”. And it has to be “demonstrably
justified” meaning it can be demonstrated as to why its necessary. This type of
“Exception” has been used to pass laws like Hate Speech laws that seem to counter
our right to free speech.
The other charter changing add on is the famous
notwithstanding clause in section 33. This basically means that the government is
authorized to temporarily override a person’s rights and freedoms for up to
five years for things that they feel may be hindering them or even for laws
that are passed federally that they do not feel are to their liking…basically.
In this case the Notwithstanding clause CAN be used if people argued that the
mandates are against a protected right….but I digress, lets actually look at
those rights.
The Rights and Freedoms are enshrined in 34 sections
of the charter of rights…I will be brief on most of them! First up the Fundamental Freedoms! Section
two of the charter protecst a persons Fundamental rights, which include…..Freedom
of Conscience, Freedom of Religion, freedom of thought, freedom of belief,
freedom of expression, freedom of press and other media, freedom of peaceful
assembly democratic rights and freedom of association. So, you DO have the right
to think what you want, assemble “PEACEFULLY” and vote. Oh, and hang out with who
ever you feel you want to.
Briefly section 3 is the right to vote your own mind
for your MP, Section for limits their time in the house of commons, Section 5
is the annual amount of time they have to sit in the house of commons.
Basically they have no real bearing on “human Rights” or even civic rights…..
Section 6 is all about mobility rights, and this is
one that people actually point to when you have a boarder mandate for vaccines.
It protects the mobility rights of Canadians to enter, remain in or leave
Canada…problem is that the US can say they barred you and you may have a right
to leave…but not go to the states or any land/air/sea crossing into the states
if you are just landing to connect to a new flight ext to get to other
destinations. Or come through that country
on the way home. So the whole mandate in Canada, even if it was dropped,
is a moot argument because the states DOES have a right to bar you from
entering the states unless you are vaccinated. Oh, and you have a right to move
to any province and take up residence, but that’s not the argument is it.
Section 7 is the right to liberty, life and security
of person. YES, finally a spot that the anti vaxers are going to be right in!
So, you have the right to life…pretty basic you can breath and no one should be
able to take that away from you…got it….liberty…well that’s a bit more
difficult. Liberty originally meant the protection of an individual’s freedom
to act with out physical restraint (meaning you can not be arrested with out
cause), but it has expanded a bit to mean include your RIGHT to make personal choices.
This is personal choices specifically; this does not extend to your family. By that
it means that if MOM says that she does not want her child to undergo specific surgery
for religious reasons…she does not have the right to make up her child’s mind
for them. It also means that a person has a right to say decide if they want a
vaccine, but they can not infringe on someone else decision to not get one or
to get one. It also basically says your rights are yours and can not infringe
someone else’s rights. This is basically you have a right to smoke and pollute
your body, but not in public if you now cause someone else to “smoke” by taking
in your second-hand smoke.
The next few sections are about your legal and civic
rights as you interact legally with the government. They guarantee protection
against unreasonable search and seizure, freedom from illegal detention or imprisonment,
right to legal counsel and habeas corpus, Right in criminal and penal matters
to be presumed innocent until proven guilty, a right not to be subject to cruel
and unusual punishment, a right against self-incrimination and a right to an
interpreter in a court proceeding. You
also have a right to be treated equally before the law and have equal
protection as anyone else. If you do not
have interactions with the government, you probably wont ever need to know
these. But if you do have interactions with the government…you really should
know these.
Section 16-23 are all obsessed with language rights. This
is the rights given to individuals, provinces and the federal government when
it comes to bilingual access to things and a right to use the languages they want
to. Nothing hidden in here at all about COVID or other vaccines.
The last few sections clarify how the charter works
in practice. Section 25 is all about how the charter does not derogate existing
Aboriginal rights and freedoms, Section 27 says that other rights in Canada
(Provincial charters) are not invalidated by the charter and 27 says that the
charter needs to be interpreted in a multicultural context and 28 says that all
charter rights are given equally to men and women. Section 29 and 30 say that
the rights of separate schools is preserved and application of the charter in
the territories are also explained.
So far nothing like what the truck drivers are saying
really, or the antivaxxers. The last two
sections confirm that the charter does not extend the power of legislators and
the last one basically names the charter. That’s the whole charter.
Does it say
anything about mandates?
Really nothing. I mean it does mention you have the
right to liberty, which can be viewed as “you have the right to choose….what
you put in your body”. So, I will assume this to be true, but it does not then
say you have a right to select what others put in their bodies. It also does
not say “if you don’t get the vax you can still go to restaurants or you an
then go to a soccer game or concert. With all choices come consequences. The ramifications of choosing not to get
vaccinated is not restricted under the charter of rights, its not a right. And actually
if the consequences of choosing to not get the poke is that a restaurant now
bars you from entry, well that’s with in the right of the company owner.
Cities, provinces and even the feds can step up and
say “you wanna keep your licence to sell food/booze ext, you have to only do so
to vaccinated people in house, the rest can buy it but have to go off site to
eat it. The rights that people are bitching about do not exist.
Lets get specific about the Travel Mandate now…cuz…well
truckers….The travel mandate basically says in order to travel with any
carriers (Air planes, trains or boats) you must be vaccinated, but there are options
to come “home” from abroad with out being vaccinated if you quarantine and show
a negative COVID test…so yah. But its like 14 days each way.
So again, you have the right not to get vaccinated
AND you can come home…but what about traveling outside the country…well lets
see. Canada is enforcing a mandate that requires to you be vaccinated to
travel, but so are other countries. So the reality is, even if the Canadian government
said “Go ahead…travel” you still COULD NOT. Why, well the states will not allow
foreign nationals to travel across the boarder until they are vaccinated.
Period. So you think you get the government to change its mind, show up to go
to Florida for some beach time…..and nope…back home you go. Essentially the
charter of rights does not specifically say you can travel for pleasure, it does
say you can travel for work or to move to a province…A PROVINCE so truckers who
are not vaccinated have every right to get a long-haul gig from say BC to
Manitoba or from Ontario to the East Coast, just not into the states.
Some issues I
have personally with the Truck drivers ext.
So, we now know that the charter of rights does NOT protect
you from things like Mandates requiring you to get a vaccine to do things like
go to concerts or foot ball games. It does not protect you from having to wear
a mask or quarantine if you are sick. It does not protect you from being
stopped at a boarder or airport and having your vaccine status checked nor from
having to test prior to coming home. Good, so why then am I supporting the
original idea of truckers traveling to Ottawa to bitch and moan about things
they are actually not protected by?
First off and foremost, I believe in the right for a
person to speak their mind, even if I don’t agree with them. I look at hospital
staff, care givers and first responders like cops and ambulance attendants and
think…HERO and I look at the truck drivers and think “IDIOTS” but those truck
drivers have a right to tell us how they feel. Every right, hell its protected
under the charter of rights, and it does not say they have to be right or have
a valid argument to voice their opinions! Having said that two things also come
to mind…first if you can not defend your stance logically, perhaps you have to confess
that the real reason you are against the Mandates are that you don’t like to be
told what to do. You suffer from an entitlement complex and have no sense of
community. You want to do what ever it is you want to do with no restrictions because
its YOU and you are just a privileged child. I am also willing to admit that
when I am told what to do I am often very upset, granted Im a law abiding proud
Canadian so if its for the good of others, I will probably do it, but as a Manitoban…I
reserve the right to use my free speech when I stomp my feet like an indignant
child.
The other thing that really gets me upset is when some trucker traveling across Canada to pout about the laws says they are doing it for “my protection” or to “Protect my rights”….Um no thank you! I support the mandate, I think Vaccines are the only way out of this shit show and you bitching and moaning is fine, but not getting vaccinated and wanting to travel to foreign countries and then come home with new variants of Covid is stupid and selfish. Someone argued “we are all selfish then” My answer was “Nope, I got vaccinated for myself yes, but also for my daughter, my mother, my wife, my students, my father, older people I may come into contact with, I got vaccinated for my community!”
DO NOT pretend to represent my feelings or wishes
when you travel from one part of the country to the capital. You do not speak
for me and you don’t represent my better interests. In fact you represent the
OPPOSITE of what my interests are. I think of those in my community and their
health first and foremost and I would appreciate it if you stopped pretending
to represent me or that you are trying to protect an actual thing that is real.
Just pout and stomp your feet like a child.
And the right to Peacefully congregate and speak out against
the government is fine, but when you start strong-arming homeless shelters, accosting
symbols of Canadian pride like Terry Fox statues or the tomb of the unknown
soldier, threated and assault the media, block others rights to free movement
to and from home/work and just act like jackasses, well you lost my vote….time
to move on.
So were does
that leave us ?
Put simply the truckers have every right to
PEACEFULLY congregate, speak and be heard by the government, after all the government
represents the people. People also have the right to Not get vaccinated if they
don’t want to and we should not condemn people who choose to not get the poke.
Also, We should not attack those that support these truckers as again, you have
a right to freedom of thought and freedom of speech. We do however have to address
the fact that right now, as the law stands, they are wrong! Also, they do not speak for the MAJORITY of Canadians
who feel that the mandates are in place for the right reasons, which are to
protect our health care system and those that want to be protected as best we
can from COVID.
Any other argument about the vaccine effectiveness,
mandates for quarantines are sort of fluff. You can argue what you want, you have
a right to your own opinions and beliefs, but you don’t, as the saying goes,
have a right to your own facts
No comments:
Post a Comment