Showing posts with label Charter of Rights and Freedoms. Show all posts
Showing posts with label Charter of Rights and Freedoms. Show all posts

Monday, May 28, 2012

A Message for Fanatical Protesters

From my first article on, I've talked about protesters and my dislike of them.  In general terms, I've described why.  I feel they have an entitlement complex so large it doesn’t fit into most stadiums.  I've taken some time to specifically figure out why.  It appears these new breed of protesters feel it is their right to step on my freedom without any responsibility or duty to anyone but themselves.  All responsibility lies on those they don't like or they disagree with.

The only word they know is rights, and these protesters and rioters have forgotten or never learned the rest of the idea.  Canada has a Constitution which codifies our system of government and law.  WITHIN that Constitution is the Charter of Rights and Freedoms.  It is not a stand alone document.

“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

This is how the Charter begins.  The problem is, the protesters of which I speak are quick to go beyond reasonable limits but use specific pieces of the Charter in the hopes of protecting themselves.  They cry "Freedom of Speech”, "Freedom of Expression”, or "Freedom of Peaceful Assembly" without understanding the context of what they're demanding.  They don’t seem to care that in an effort to “express” themselves, they are contravening other parts of the Constitution Act at the same time, in other words, breaking the law.  They use the Charter of Rights and Freedoms as a gun and hope no one notices.

Why do protesters use Charter of Rights and Freedoms to break law?  As I said previously, it is only one part of the Constitution Act.  Apparently, they only like the “good parts” version and the parts that pertain to what they are doing.  The protesters (gone rioters in some cases) ignore the parts that can prove what they’re doing is wrong such as trespassing or disturbing the peace.  If these laws are used against them, they say it’s “unconstitutional” simply because it stops how they promote their cause.  They’re more than happy to use the Constitution or Charter against those with whom they disagree, whether or not the other side is breaking the law, as long as it works to the protesters’ advantage.

Perhaps these liberal idealistic protesters need to take some real time and figure out what it is they're asking for.  They do so much in the name of democracy while trying to avoid it at all costs.  Democracy takes time, democracy means the will of all people, democracy means due process.  It does not mean the will of a bunch of whiny twenty somethings trying to hold the government hostage and making demands to suit their idea of the perfect country.

Do these entitled people realize that because of the work and sacrifice of others, they have the freedom to protest?  They have the freedom to attend post secondary education and to take any course they wish.  They have the freedom to move throughout our country, to go to school in any province, in any city they wish, or even apply to schools out of country.

Because of those freedoms, they have rights.  These rights and freedoms are intimately intertwined.  It appears to me that they feel their rights and freedoms come to them at no cost.  What these protesters are not understanding is, they cannot demand rights without doing their duty.  Protesting and rioting are not duties.  Protesting is okay to a point.  Protesting lets the government and the people know there's a larger issue at hand, but once the message is lost, it's time to go home.  Protesting should not step on others rights.  Extended rioting is anarchy, there's no excuse for it.  The Vancouver riots, while inexcusable, is one thing, it had a catalyst.  What's happening in Quebec is deliberate and planned, and the planners as well as the rioters should be charged with a crime.

Responsibilities that come with their rights include being a good citizen and to uphold the law, neither of which most protesters do.  Another responsibility or duty would be to vote.  What right does anyone have to make demands of a government if said person or group didn't even have the time of day to vote in the last elections?  If these protesters want to make change in the government, they should talk to their representatives or join a political party, get noticed and get involved.

If the government began bending to the will of these protesters and stopped following due process, said government would be given the power to change law at will.  The country would eventually become a tyranny, and why wouldn't it?  Once a precedent is set, it would be used time and again.  The more power a government is given, the more it will use, and not just on the people the liberal left-wing protesters dislike.  It's happened before.  A previous Canadian government did it, enacting the Firearms Act in fact.  The government in power at the time used "Order in Council" to force the law through instead of due process because it was “for the good of the people.”  The problem is, the long gun registry didn't prevent crime, cost 10 times what it was suppose to, didn't work as stipulated and was finally abolished.  Alberta just recently used the provincial equivalent called “power of closure” to put through three laws for the good of all Albertans.  We were never asked, we were just told any sensible, reasonable Albertan would want these laws.  Ask us first, I’ve been told that I live in a democracy.

People who want instant change and make demands of the government forget that when they're trying to persecute people based on class, religion, ethnicity, or whatever new imaginary evil will themselves get persecuted in the future.  They don’t think very far into the future though.  The liberal types don’t realize there will be no one to defend their rights because they are themselves responsible for having all of our rights and freedoms taken away through their protesting and demanding.

If protesters didn't come across as whiny self important children, I might have more respect for them.  Here's the thing though, protesting the world’s inequities has become a fad.  There's even a clothing style.  They turn 18 or 20, see something they don’t like and join some fanatical group that start the debate at “no”.  With all this, I feel they don’t do any more research than reading the Charter of Rights and Freedoms and hope that’ll keep their cause running and them out of jail.  Hopefully, one day, the courts will begin to uphold the law.  I, as a law abiding citizen, must follow the Firearms Act to the letter or be left with a criminal offense on my record even if I’ve done nothing else wrong in my life.  I would like to understand this double standard of the damage they cause to property and people and not be charged with anything, even a misdemeanor?  The “good intentions sentiment” shouldn’t be the only thing keeping them from acquiring a criminal record.

Maybe, hopefully, these protesters will grow up and become respectable members of society and contribute something to it.  Who knows, it could be wishful thinking, or one of them could become the next conservative Prime Minister!

Sunday, March 4, 2012

Stop Warrantless Searches

When did this idea of warrantless searches in Canada become okay?  When did they start?  How can we make them stop?  How can we make sure every Canadian know this is happening and that they can be the next victim of a warrantless search of some kind?  I have not personally been a victim of a warrantless search, nor do I wish to be.  What concerns me is, it seems only to be a matter of time.

It's been known for a long time that licensed law abiding gun owners were not subject to the Charter of Rights and Freedoms. We have very little recourse but have been fighting this all along. Finally, a step in the right direction has happened with the scrapping of the long gun registry, although laws regarding licensed gun owners still need to change.  The firearms act as a whole must be changed so that licensed gun owners once again fall within the Charter.  Below is a site I found that explains how the Firearms Act violates the Charter of Rights and Freedoms.

http://www.brucemontague.ca/html/0080.html

At any given time, for almost any reason, a licensed gun owner must submit to a search of their home if an authority deems it necessary.  “Necessary” can be a neighbour saw the gun owner in their car with a black case, maybe even a gun case and makes a call to authorities.  During that call, the neighbour says they feel unsafe.  Authorities are allowed to enter the home according to the firearms act and there isn’t a thing that gun owners can do about it.  Odds are fairly high the case was empty anyway, but it doesn’t matter.  The best that’s happening is, parts of the act are being tested in court because of violation of gun owners rights.

Now, it appears it's not just licensed gun owners that fall outside the Charter of Rights and Freedoms and the Constitution.  The imagination of a small child is cause for a warrantless search of a home, presumption of guilt until proven innocent, a family separated, and children interviewed without parental supervision.  The picture the child drew is now gone so whether it ever existed is now based on the word and imagination of the teacher that saw it and listened to the child’s little story in the first place.  

http://www.torontosun.com/2012/03/01/government-has-no-place-at-family-table

Why is this okay?  Where was the danger, or perception of danger?  How is “my daddy shoots bad guys and monsters” a danger to any child and why were the parents not spoken to about it before it ever escalated to this level?  Occam’s Razor would indicate that TV or video games would be the answer.  How did this go from a white board drawing of a four year old to “the parents MUST be allowing the children to play with a real gun?”  Common sense would dictate that with so many levels of authority, the teacher, the principal, the police AND child services, SOMEONE would consider another explanation would be more feasible.  Instead they went straight to violating the parents rights, traumatizing the children, and overstepping their authority.  The best part is, they would do it again.  Maybe if they had to go to court and stand before a judge to secure a warrant for the search and separation of the children from the parents, this situation wouldn’t have been so blown out of proportion.

The SPCA can go onto private property under the auspice of investigating animal safety.  The problem here is, the people doing the investigation may not have experience with the animals they are investigating up close.  They then make a judgement and decide on fines based on visual assessments of the situation - as various Amish farms found out in Ontario.  Again, these are warrantless searches, no one went to court, due process not sought.  Those not directly affected by this allow it to happen.  Charges are then laid such as “Animal in Distress” when the animals are perfectly healthy.  I believe animals do need to be protected from cruelty but the people doing the investigations shouldn’t be permitted on private property without purpose.  Yes, stop puppy mills, no, don’t interfere with a farm with perfectly healthy animals because it doesn’t meet with your idealistic view of what a healthy animal looks like.  Again, if these people need to stand before a judge for a warrant and state that they believe there are animals in distress on a specific farm, actual proof may have to be provided for charges to be valid.  But pesky things like due process get in the way of moral self importance, I suppose.

http://www.torontosun.com/videos/featured/featured-tor/1213592864001/bureaucrats-bust-the-amish/1485861708001

In British Columbia, warrantless searches happen based on power consumption in the home. If personal power consumption is too high, police officers and BC Hydro employees show up and demand entrance to the residence within 48 hours of initial notice.  This happens because the home that uses “too much” energy is a possible marijuana grow operation, and for no other reason.  The fact that it could be an old drafty home, or it’s large, or it runs a legal business notwithstanding.  When I lived in BC, I had an outdoor hot tub, and let me tell you, that was not cheap to run.  That could account for high power usage in a lot of cases, one would think.  Again, if it were an actual grow op, go get a warrant.  But it must be more fun and interesting for authorities to embarrass people by arbitrarily accusing them of being drug dealers.

Now, there is this thing called the Lawful Access bill. I know it's gone to committee but it's scary.  When it was first presented to the public, it was presented as “you’re either for Bill C-30, or you’re with the child pornographers.”  It is quite the statement, very black and white.  It is really too bad the world doesn’t work like that. This bill, if brought into law is another one of those ways the government will be able to access our information and lives without a warrant. It is being put forth with the argument “well, other countries are doing it.” Why does that give my government the right to invade my privacy without due process?  I have NO problem protecting children, and want them protected.  Will this bill in fact protect children the same way the gun registry didn't prevent gun crimes though?  So far, there has been nothing said about why this bill is needed except that it’s needed.  It’s like saying I’m right because I’m right.

Like most, my family has been heavily affected by the past.  My dad escaped from East Germany as a young man and moved to Canada for it's freedoms; my mom was in a Residential School.  Yay me, I got it from both sides!  It seemed for a time Canada was getting better. Residential Schools have been eliminated and as an escape from a dictatorship, what better place was there to go?

Now however, Canada is seeming like a scary place to live.  The government is trying to raise our children, tell us what morals to live by, and convince us that contravening the Charter of Rights and Freedoms is the right thing to do, it’s for the good of all Canadians you know.  I’ve seen people say “that law is fine, what do I have to hide.”  Privacy is not secrecy and the desire for due process is not wrong.  Why are the current government officials creating law and methods to circumvent due process, and why are so many Canadians okay with it?

To me, only those who do not wish to think for themselves would want the destruction of freedom.  I, on the other hand, wish to maintain my privacy, wish to maintain my rights and freedoms, and wish to live in a democracy.  I don’t like how Canada is changing.  I don’t like that I’m afraid to have a child because a mis-speak could land myself or my husband in jail.  I don’t like that warrantless searches have become okay among so many people.  Why do we have a Charter of Rights and Freedoms?  It certainly looks good on paper.

This all looks so familiar, I’m sure this has happened somewhere before.  If it has, if history has taught has anything, why are we letting it happen again?