Green Party Of Canada Celebrates Charter Anniversary

Posted on Tuesday, April 17 at 09:27 by JimmyD
• Clifford Lincoln, who in 1988 resigned from the Quebec government for its use of the notwithstanding clause. He famously said “rights are rights are rights. There is no such thing as inside rights and outside rights. No such thing as rights for the tall and rights for the short. No such thing as rights for the front and rights for the back, rights for the east and rights for the west. Rights are rights and will always be rights. There are no partial rights.” • The Little Sisters bookstore in downtown Vancouver fought for over 10 years against unfair censorship by Canada Customs. Although the Supreme Court found in Little Sisters’ favour, Canada Customs did not stop harassing them. When Little Sisters applied for advance funding to take Canada Customs back to court, the Supreme Court turned them down, ruling that such funding was available only in the rarest of cases. • Harbhajan Singh, who along with six other Sikh individuals successfully fought for the right of refugee claimants, culminating in a 1985 Supreme Court ruling that the Charter applies to all, including foreign nationals. The ruling resulted in the establishment of the Immigration Refugee Board. • Delwin Vriend, who was fired because he was gay at a time when Alberta’s human rights legislation offered no protection to gay, lesbian or bisexual people. Because of this, he couldn’t even make a claim with the province’s human rights commission. The Supreme Court ruled that no disadvantaged minority group could be excluded from human rights protection. • The Council of Canadians with Disabilities, who on March 23, 2007 succeeded in having the Supreme Court order VIA Rail to make all its trains accessible to Canadians with disabilities. "I care deeply about the Charter rights and freedoms of all Canadians, including lesbian, gay, bi and trans people, immigrants, women, people with disabilities and others who have suffered prejudice and discrimination,” said Adriane Carr, Deputy Leader. “These rights must be protected not only in principle, but in practice. For example, the government should help pay Little Sisters’ legal bills so they can go forward with what is clearly a very important case.” “As a gay man, I’m so proud of the Green Party of Canada’s record of supporting the Charter and human rights,” said Laurie Arron, Executive Director. “In 1996, the Green Party of Canada became the first federal political party to officially support the inclusion of same-sex couples in civil marriage. Then, as now, the Green Party was ahead of the crowd.” “Unfortunately, our precious Charter rights and freedoms are now in question,” said Ms. May. “With the government’s cancellation of funding for the Court Challenges Program and the Law Commission of Canada, most Canadians simply can’t afford to take their challenges forward. Our rights and freedoms are only as real as our ability to enforce them.” http://www.greenparty.ca/en/releases/16.04.2007 [Proofreader's note: this article was edited for spelling and typos on April 18, 2007]

Note: http://www.greenparty.c...

Contributed By



Article Rating

 (0 votes) 

Options




Comments

  1. Wed Apr 18, 2007 5:59 am
    “The Green Party of Canada believes strongly in the Charter and the rights and freedoms that it guarantees” <br><br> The Charter does not guarantee that anyone has rights and freedoms. Some of the examples shown prove that point, but the worse of it is that the Charter itself uses deceptive wording to fool us into thinking that there is a guarantee. In Clause 1 of the Charter, right after it says that our rights are guaranteed, it spells out exactly how our rights are not guaranteed when it says the following: <br><br> <i>1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it <strong>subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society</strong>.</i> <br><br> I.e., there is no guarantee when it's up to a court to decide what "guaranteed" rights are guaranteed. That's like buying a product that has a guarantee stating that the guarantee may or may not be honored subject to the whims of the manufacturer.

  2. Wed Apr 18, 2007 5:27 pm
    Thanks rearguard, this point -"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. "

    makes further examination of the Charter very important - perhaps there
    needs to be explanation and definitions of this entire sentence (clause) -
    do we know what defines a society as free and democratic? And what is
    reasonable? And as you mention 'prescribed by law'? Laws made by whom and
    under the influence of which political system?


    I think that we owe ourselves some examination of this document - what it
    appears to be may not be what it is? We may be accepting something based
    on principal, thinking that we have civil rights protected but when we
    examine it closer we find that it has the customary loop holes.

    When I read the government booklet called, 'The Constitution and You'
    printed in 1982 - chapter 4 says in part; 'Constitutional entrenchment of a
    Charter of Rights and Freedoms limits the power of both provincial and
    federal governments in favour of the right of individual citizens. It gives
    people the power to appeal to the courts if they feel their rights have been
    infringed or denied....' however if the case in the article which says that the
    Supreme Court denied funding for a case...then we can have the power, but
    the courts will determine if we have the means...so this clearly contradicts
    itself does it not? Also it reinforces that concept that the courts have the final
    say in whether your rights have been denied and that as we know can be
    based on the government of the day - which returns us to the idea of 'limits
    the power of both the provincial and federal governments in favour of the
    right of the individual....'

    ---
    "aaaah and the whisper of thousands of tiny voices became a mighty deafening roar and they called it 'freedom'!"' Canadians Acting Humanely at home & everywhere

  3. Wed Apr 18, 2007 5:35 pm
    And to further your point RG; Jimmy: Will the Green Party revisit the Constitution as to whether people are entiltled to clean water (a human right) and the right to own property?


    ---
    The preceding comment deals with mature subject matter, however immaturely presented. Viewer discretion is advised.

  4. by JimmyD
    Thu Apr 19, 2007 12:13 am
    Hey Doc

    The Green party would:

    a. Stop any and all bulk water exports by renegotiating or saying no to trade deals that allow corporations to strip our watersheds of freshwater and disrupt entire ecosystems.
    b. Amend the Charter of Rights and Freedoms to enshrine the right of future Canadians to an ecological heritage that includes breathable air and drinkable water.
    c. Restore ecosystem health to Canada's coastline and inland watersheds by funding improvements to municipal wastewater treatment systems, with particular emphasis on ensuring shoreline communities and industries stop dumping untreated waste into rivers, lakes and oceans.

  5. Thu Apr 19, 2007 12:46 am
    b. Amend the Charter of Rights and Freedoms to enshrine the right of future Canadians to an ecological heritage that includes breathable air and drinkable water.

    Sounds great, but will be completely meaningless if it is ...

    ... subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  6. Thu Apr 19, 2007 1:11 am
    "do we know what defines a society as free and democratic? And what is reasonable? And as you mention 'prescribed by law'? Laws made by whom and under the influence of which political system?" <br><br> You may find this interesting to read: <br><br> <a href="http://www.mapleleafweb.com/features/constitution/charter/05.html">Application of the Charter</a> <br><br> The text is full of loaded words, for example: <blockquote> In other words, the Charter only applies to the relations between government and persons." </blockquote> The text of the Charter is in fact highly misleading not with just the false "guarantee", but also with the use of common words such as "persons" and "individual" that have been redefined in the <a href="http://laws.justice.gc.ca/en/showdoc/cs/I-21/bo-ga:s_35//en#anchorbo-ga:s_35">Interpretation Act</a> to take on a different meaning than what we ordinarily assume. The word "person" for example has been redefined to "include a corporation", which means that the Charter applies not just to you and me, but also to corporations which of course makes little sense since corporations are legal fictions. Last I checked, the concept of "rights and freedoms" cannot ever apply to non sentient entities, such as rocks, dirt, air, water, ... and of course corporations.

  7. Thu Apr 19, 2007 2:47 am
    Thanks, but about the right to own property?

    Who owns 'Canada'? If Canadians don't have the right to own property, can we own our own country and therefore enforce protection of it?

    ---
    The preceding comment deals with mature subject matter, however immaturely presented. Viewer discretion is advised.



view comments in forum


You need to be a member and be logged into the site, to comment on stories.




Your Voice

To post to the site, just sign up for a free membership/user account and then hit submit. Posts in English or French are welcome. You can email any other suggestions or comments on site content to the site editor. (Please note that Vive le Canada does not necessarily endorse the opinions or comments posted on the site.)

canadian bloggers | canadian news