Where are the legal eagles?
Under the Canadian Charter of Rights, Vaccine Mandates are illegal
I just heard that the Freedom Convoy has seized a border crossing in Alberta and the Premier, Jason Kenny, has sent in the goon squad. This is terrible news because as soon as a protest turns violent, the government has the right, under Canadian law, to stop it. They are NOT allowed to stop ‘peaceful protests’, which is why there are always agents provocateurs to turn them violent. But when the shooting starts, the Government of Canada can invoke the War Measures Act and basically, shut down the country and rule by whim. Pierre Elliott Trudeau did it and I bet his woke son, Justin Trudeau, hiding out in his bunker in Ottawa, is considering that same option. He has the legal right though it would be a highly controversial decision and I doubt that even he would go that far. But you never can tell with the woke brigade, can you. Alas, when things turn violent, the people of Canada will return to what they have always believed in: POGG. Translation: Peace, Order, and Good Government. The Americans get the Freedom and the Pursuit of Happiness; we get POGG.
All of which simply demonstrates the crucial role of the LAW in the current standoff between the Truckers, the people and the Canadian Government. When it comes to vaccine mandates, in particular, there is a bitterly fought over legal precedent relating to Section 7 of the Charter of Rights and Freedoms, guaranteeing ‘the right to life, liberty and the security of the person’. If I, a non lawyer 81 year old can find it, then surely the Canadian legal profession can and should. Because it is this section that makes the ‘vaccine mandates’ illegal. They are a criminal violation of my rights and any lawyer would know this. You could make an excellent case and sue the hell out of the Canadian Government and win. I didn’t fully grasp it until yesterday, my bad.
I walked two kilometres to the bookstore yesterday and picked up a copy of The Canadian Constitution, by Adam Doder for all of $20, the best money I’ve spent this year. Because as I was plowing through this slim volume, I came across something akin to a legal gold nugget. We have fought over who controls our body before, and most bitterly during the abortion war during the late eighties and nineties. It was so bitter that it became violent. Any doctor performing abortions was putting his life at risk, even in peace and order loving Canada. Dr Garson Romalis, a Vancouver obstetrician was among the first doctors targeted during a spate of vicious attacks in the nineties. A deranged sniper shot at him while he was in his living room. Doctor Morgentaler, who fought the right to abortions for decades, was never safe. So it is with trepidation that I watch the escalation of the equally bitter fight over vaccine mandates.
But the legal basis is clear. Abortion was illegal in Canada until it was challenged under Section 7 in 1988, and voted down. Here is the entire paragraph in my new favourite book, under the heading of Constitutional Challenges:
ABORTION AND THE CONSTITUTION:
R v. MORGENTALER, (1988) 1 S.C.R. 30
In the 1970’s and 1980’s, abortion was an extremely high profile and divisive issue. In this case, the Supreme Court held by a majority of 5-2 that Canada’s criminal law prohibiting abortion violated section 7 of the Charter, which protects the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Four of the five justices in the majority held that the problem with the law was the convoluted procedures established in order for a woman to obtain an abortion. The first woman on the Supreme Court of Canada, Justice Bertha Wilson, said that the problem was the substance of the law that denied a woman the right to control her own body and the most fundamental of decisions regarding having a child. The Supreme Court’s designs struck down the law and attempts by the federal government to replace it have failed. (my italics)
Just replace the word ‘woman’ with ‘person’, and the same law applies to the vaccine mandates. The deeply cynical and criminally dangerous Trudeau government should be sued. We have a powerful legal precedent. I am calling on the Canadian legal establishment to get their papers and their shit together and stand with the principle of law and with the people of Canada. We haven’t heard much from you during this crisis. But you play a pivotal role. You must stand with Canadians and the cause of justice or our democracy is finished. The vaccine mandates are illegal. That is a Headline I want to see instead of the barrage of misinformation we get on a daily basis.
We’ve had enough. Sue, I say. And win, goddammit. It’s time.
Abortion is between a woman and her doctor. People who refuse to get vaccinated are endangering 37 million in Canada. A person going around unvaccinated is like carrying a concealed gun. It's an act of psychological aggressiveness and irresponsibility that could at any time become physically harmful to anybody.
Furthermore anti-vaxxers are not being "scapegoated". They are free to do what they want until they endanger others. They are fortunate they are not fined or criminally charged. There are many minorities in Canada who ARE scapegoats. To draw an equivalency between a deliberately unvaccinated person and a person designated as a scapegoat by traditional discrimination over hundreds of years, such as an Indigenous person, a Jewish person, or a black person, is to minimize their suffering as real scapegoats at the hands of Canadians.
I just want to add this: there are countless dozens and dozens of injustices, prejudices, discriminations, and oppressions the rich and powerful in the right wing power structure use to abuse vulnerable Canadians on the lower half of the social economic ladder and keep the work force submissively obedient. The worst, in my estimation, is the inability of the majority of Canadians to obtain representation by a lawyer or obtain help from an MP or MLA. That, in itself, negates the quaint notion that Canada is a democracy. In comparison, the dangerous desire to refuse vaccination is a triviality that should not be tolerated by all Canadians working to make Canada safe, democratic, just, equal, socially harmonious, kind, friendly, generous, and a proponent of world peace.