The Canadian Charter of Rights and Freedoms Was a Mistake

"The most dire predictions of what it would mean for Canada, the wholesale transfer of legislative authority from elected politicians to unelected judges, have become almost fully realized."

 Carson Jerema explains in today's National Post.

 

Straight Talk on Annexation to the US

Reading local history makes clear how artificial the international border between Canada and the US is. Everyone had and has relatives in the States. A good number of men buried in the local cemetery fought for the Union in the American Civil War. American history is our history.

We are, by all accepted standards, the same people, culturally and ethnically, with the exception of Francophone Quebec. Not only do we speak the same language: we speak it with the same accent, so that I usually cannot tell, when I meet someone abroad, if they are Canadian or American. The same cannot be said of two Englishmen meeting abroad: they will know immediately by accent if someone is from Yorkshire as opposed to Cornwall. The same is true for France, or Italy, or Germany. They are far more regionally ethnically diverse than English Canada and the US.

The reason for Canada to exist as an independent entity was that some Americans at the time of the Revolution wanted to retain ties to Britain and to the royal family. That raison d’etre disappeared in about the 1930s. Canada now really has no more ties to Britain than does the US. The royal family is purely symbolic; just a face on the coins and stamps.

By all logic, English Canada should join the United States.

It is, in the first case, a matter of efficiency. It is costly to duplicate services. If Canadian Confederation was a good idea, joining the US is just an extension of the same good idea.

In the second case, it makes economic sense. A perfect common market would increase the prosperity of both sides by dropping significant barriers to trade and commerce. But it would especially increase the prosperity of Canadians, with greater access to the United States’ lager market.

But the strongest reason to unite is the Canadian Constitution. The passage of the Constitution Act in 1982 was a fatal mistake. It has turned Canada into a dictatorship by the unelected judiciary, it has enshrined gross inequalities, and it is virtually impossible to legally amend. The simplest course to change it would seem to be to join the US and come under the US constitution instead.

Unlike the US Constitution, or the prior Canadian Bill of Rights, the Canadian Constitution actually limits human rights. Citizens have rights “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” 

This vague phrase leaves it all up to judges. Who cannot be trusted—power corrupts.

The vagueness of the Charter generally gives the judiciary too much opportunity to interpret. The contrast to the clarity of the Canadian or the American Bill of Rights is striking.

Equality rights are denied by the phrase: “[this] does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

Any particular group can be declared disadvantaged, and thereby given preference. Indeed, this is the usual trick. Hitler argued that ethnic Germans were disadvantaged by the Jews. South African Boers considered themselves disadvantaged after the Boer War. Mussolini declared Italians disadvantaged after Versailles. The whites of the US South considered themselves disadvantaged by the carpetbaggers after the Civil War.

It stands to reason that any group given preferential treatment by government is not disadvantaged by definition. For “disadvantaged,” read “advantaged,” and the matter is clear. Discrimination is enshrined in the Canadian Constitution. It is not in the American one.

Equality rights are also violated in clause 25: “The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada.”

This means there will forever be at least two classes of Canadian citizenship, and never equality. Aboriginals have special extra rights and freedoms according to the constitution.

And the gross mistake of “multiculturalism” is also enshrined in the Constitution, so that it cannot be corrected. “This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.”

This commits the government to working against the shared Canadian culture—just the opposite of what a government is there to do. For “multicultural heritage” read “ethnic ghettos.”

The fundamental problem is that those who drafted the Canadian Constitution had no vision nor principles other than the partisan considerations of their day: keeping various special interest groups happy. 

It leaves us no way out but either revolution, or annexation to the US. Of those who choices, annexation is vastly preferable.

Maxime Bernier Interviews Brian Peckford

 

Doug Ford Seizes Dictatorial Powers? Not.

 

A Ford, but perhaps not a Lincoln.

Some express alarm at Ontario Premier Doug Ford’s declared intent to invoke the “notwithstanding clause“ of the Canadian Constitution in order to override charter rights and allow legislation to limit campaign spending by third parties. I think it is a great idea. Even though I do not feel great about limiting campaign spending by third parties.

A bit of background here: the Canadian Constitution guarantees certain rights and freedoms. The courts can disallow legislation it feels is in violation of these. The legislature can respond by invoking this “notwithstanding clause” and overrule the courts. The legislation goes into effect, but must be renewed every five years.

Critics are objecting that Ford wants to override the Constitution. This is exactly the opposite of the truth: he is invoking the Constitution as written and as intended.

Traditionally, iin the Westminster system, Parliament is the “highest court in the land,” on the premise that the people are sovereign. Giving any court the ability to overrule the people’s representatives risks giving government itself to an oligarchy: those who appoint the Supreme Court justices, the legal profession and its gatekeepers, the professions and the professional classes. Some of the framers of the Canadian Constitution Act, notably Allan Blakeney, insisted on the notwithstanding clause to protect democracy.

It is important to know that a body of skilled lawyers have examined some legislation in detail, and say it is in violation of charter rights. This is helpful information for the public. If the government persists notwithstanding, they can decide to punish the government accordingly at the next election. But we must not surrender the people’s right to make that decision.

And time has proven the framers exactly right. Down in the US, it has come to be expected that Democrat-appointed judges and Republican-appointed judges will vote not according to the Constitution as written, but by party line. And they have become increasingly activist in disallowing legislation.

In Canada, it is worse. The Canadian Supreme Court is appealed to more easily and often. It has not only developed a habit of disallowing legislation but of demanding legislation be passed. And their rulings produce major social changes, without public accountability. They required Alberta to insert a reference to homosexual rights in their proposed provincial charter of rights. They struck down all limitations on abortion. They required the legalization of gay marriage; they redefined aboriginal rights, redefined who is an aboriginal, and on and on. They have developed a dangerous taste for power.

It matters little whether one agrees with this or that ruling, or them all. The power is arbitrary and capricious, and there is no reason to expect it will forever be used in the public interest.

Luckily, unlike the US, Canada has a constitutional remedy in the notwithstanding clause. The only problem has been, until now, a lack of courage among our elected politicians in invoking it. Quebec has used it regularly, but in the rest of Canada, only Saskatchewan, and only once. Doug Ford does us all a favour, and our grandchildren, if he further cements the precedent.