The Charter means what it says

Vincent J. Curtis

11 July 22

RE: Top court ruling fails Canadians.  Op-ed by Craig Wallace.  The Hamilton Spectator 11 July 22. “The charter of Rights and Freedoms allows for restrictions on rights, to better protect society.” he says.

That’s all this country needs: a Supreme Court that takes a more restrictive view of rights guaranteed under the Charter.  That the Charter really doesn’t mean what it says, it means less.  Disregard the word ‘guaranteed.’

The restrictions on Charter rights that occurred during the pandemic and the freezing of bank accounts after declaration of the Emergencies Act show how little regard there is for Charter rights by those with political power – by those who command the men with officially sanctioned guns.  The only power a single individual has against the government lies in the courts, and if the courts are against you as a matter of policy, then Canada is no better than the Soviet Union, China, or North Korea.  The only difference being the stomach the political leaders have for the rigorous enforcement of their will.

Suppose the government said society needed protection from white supremacism.  Should the courts agree and allow for the suppression of certain kinds of speech and beliefs?  What about the arrest and detention of individuals for expressing and publicizing politically obnoxious views?

The Charter is the one instrument the court has to protect the individual rights of Canadians from the exercise of government power.  It would be foolish to indulge the government of the day its demand to restrict rights for the better protection of society.

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