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Based on the Article on pg A6 in March 11th Edition of the MissionCityRecord, I submitted a letter to the editor (see below). One thing I really HATE is misinformation!!!!! I doubt my letter will be published, so I'm going to publish it on my social media platforms!!
Letter to editor: Re: Here’s what freedom truly looks like – March 11, 2022, page A6
Apparently Bruce Cameron, the writer of this article, has no clue as to what he is writing about. I was all the more shocked that the Mission Record didn’t even vet Mr. Cameron, and instruct him to re-write his article.
So, to both Mr. Cameron and the Mission City Record, it is time for you to be re-educated in the law of the land. The British North American Act (BNA) was replaced on April 17, 1982 with the Constitution Act, 1982 (79) and the Canadian Charter of Rights and Freedoms was included as Part 1. Don’t believe me? Well then maybe you should have a chat with the last surviving First Minister, The Hon. Brian Peckford, who co-authored the Canadian Charter of Rights and Freedoms.
There are four principles to the Charter which are “founded upon principles that recognize the supremacy of God and the rule of law”
The first principle: Section 2(a)(b)(c), and (d), which includes freedom of thought, belief, opinion, and expression. In other words, freedom of speech!
The second principle: Section 6 which outlines mobility rights.
The third principle: Section 7: Life, Liberty, and the Security of the Person (meaning you can’t touch me without my consent!!)
The fourth principle: Section 15(1) outlines every one is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination.
Further, as for Mr. Cameron’s comments on the Freedom Convoy, I’m going to assume that he has no problems giving up his God given rights!. Well, that is his choice, not mine! And I did not serve 16 years in the Canadian Army just so the likes of Trudeau can run Canada like a third world communist state!
The Constitution Act, 1982 is the Supreme Law in Canada, and because the Charter is imbedded in the Constitution, that also means the Canadian Charter of Rights and Freedom of Rights is Supreme Law of Canada. Section 52(1) of the Constitution Act, 1982 states that any law that is inconsistent with the provisions of the Constitution is of no force or effect. Statutes which conflict with the Constitution are invalid in the most radical sense; they do not become law.
Ok, so you are going to rely on section one of the Charter? Not so fast! Section one of the Charter states that the Charter guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstratably justified in a free and democratic society. Section one only provides the government with an override was meant for war or insurrection or if the country itself was in a dire state.
There are four principles to prove in section one of the Charter, and that is referred to as the Oakes Test (R v Oakes, [1986] 1 SCR 103, 1986 CanLii 46 (1986) [Oakes]).
1). They have to demonstrably justify with data (facts, figures, arguments, studies, etc.) that these restrictions are necessary and there is no other recourse;
2). To violate the Charter they must have parliament pass legislation that defends the need for imposed mandates;
3). The mandates imposed must be within reasonably limits; and,
4). Any and ALL mandates must be consistent with the values of a free and democratic society.
In conclusion:
The Constitution Act, 1982. It is the supreme law of Canada, every piece of legislation, provincial and federal is subject to the constitution, province laws are subject to the Charter, every law, every health orders must not conflict with the constitution, health orders mean nothing unless it’s consistent with the Charter. Every individual Canadian has these Charter rights and freedoms. No other legislation has the power to overturn these rights and freedoms (not even the Emergencies Act). Apparently all those holding political office need a re-education.
Lee Hanlon
CF Army ResF Veteran
Mission BC