Prof. Of Law at Queens Univ. explains how the Charter does not prevent govs from controlling every aspect of our lives. "What is needed is a different kind of Charter that sets out a different kind of limit: on the degree to which the state can manage society; on the extent to which it can interfere with markets; on when it can delegate authority to unelected officials and agencies; on its size as a proportion of economic activity; on its lack of responsibility to keep people safe from viruses and the vicissitudes of life; and other provisions that would actually restrict the role of government in people’s lives."
"The Covid-19 regime based upon one ideological premise: individual sovereignty must yield to the expertise, authority and discretion of officials acting in the name of public welfare and progressive causes. Canada’s constitutional law came to reflect that premise long before Covid-19 came along. It will remain after Covid-19 rules collapse. The challenge will be to wipe that ideology away. In that enterprise, the Charter and the courts are obstacles, not solutions.
In the meantime, Godspeed to Peckford and his legal team, and to all those working to end vaccine passports, mandates and other Covid-19 incursions."
"Relying on the Charter to protect individual liberty is a mistake. The document is not equipped to hold back a dominant state integrated into every aspect of modern life or a judiciary inclined to endorse that dominance. In retrospect, the Charter seems almost naïve, written as though such a thing could not come to pass. In a different world, negative Charter rights and freedoms might have been enough. When government is small and leaves you alone, you are indeed free to seek a livelihood and bargain with others on their own terms. There is always someone to do business with. If the first convenience store won’t serve you without shoes, you can always try the next one.
But when the state directs everything, including the conditions for participation in civil society – travelling, working, shopping, education, exercise and socializing – then negative constitutional rights do not do the job. Instead, government directives dictate the terms of social and economic interactions, all without directly running afoul of the Charter. By achieving indirectly what the Charter appears to prohibit when done directly, government can deny the non-compliant everything under the sun. If the law forbids service to the barefooted, there is no place to go but the black market."
https://c2cjournal.ca/2022/02/the-charter-wont-protect-us-from-the-pandemic-managerial-state/
.mp4_thumb.jpg)
.MP4_thumb.jpg)
.mp4_thumb.jpg)
.MP4_thumb.jpg)
.gif.mp4)
.gif.mp4)
.MP4_thumb.jpg)
.webp)
