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Freedom Convoy protests [Split from All things 2019-nCoV]

Any updates on the Federal court ruiling the Emergency Act was unreasonable, ultra vires (beyond the powers granted by the statute) and in violation of certain Charter rights?

Or is that another free pass for the government.
No update. The Federal Court of Appeal heard the matter back in the early winter and a decision is still pending.
 
No update. The Federal Court of Appeal heard the matter back in the early winter and a decision is still pending.
Colour me a cynical b@stard but the decision will be released on a Friday of a long weekend at 4:30 PM
 
Like the Crown's case against the defendants that originally asked for years and years in jail?

Yes, yes I think so ;)


A couple of dopes fighting mischief charges sure got a lot more attention than the government wrongfully enacting the emergency measures act and violating some charter rights.
 
A couple of dopes fighting mischief charges sure got a lot more attention than the government wrongfully enacting the emergency measures act and violating some charter rights.
As intended.
 
Like the Crown's case against the defendants that originally asked for years and years in jail?

Yes, yes I think so ;)

Technically, if they were found guilty, the case was sound overall - they did appear to over-reach for sentencing, though. As with King with similar charges.

Meanwhile, about that 18-month conditional sentence for mischief ....
 
Abuse of authority


Origins of Diefenbaker's 1960 Bill of Rights.

....



"The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;

"Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;"


....


1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

(b) the right of the individual to equality before the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and association; and

(f) freedom of the press.
 
Abuse of authority


Origins of Diefenbaker's 1960 Bill of Rights.

....



"The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;

"Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;"


....


1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

(b) the right of the individual to equality before the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and association; and

(f) freedom of the press.
The Bill of Rights is essentially toothless and defunct. The courts passed up the opportunity to use it to strike down other legislation save for a single case regarding indigenous rights (I think Drybones off the top of my head, but could be wrong?) The ineffectiveness of the BoR in asserting rights that would override other statute was a factor in drafting the Charter as part of the Constitution.
 
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