Dec. 13, 2021 was a sad day in Innisfail.
A few of our citizens spoke before the town council regarding concerns with the Restrictions Exemption Program (REP)/ vaccine passport program the town has implemented at their public recreation facilities.
A presentation was made in an effort to educate the council on Canada's Constitution. Indirectly, the Honorable Brian Peckford, former premier of Newfoundland and the last surviving architect of the Canadian Charter of Rights and Freedoms shared his invaluable information.
In 1982 he was involved in the Constitutional patriation process, the political procedure that led to full Canadian sovereignty. This culminated in the Constitution Act of 1982 signed by Queen Elizabeth.
Section 52.(1) of our Constitution states, “The Constitution of Canada is the Supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.”
Therefore, every law, federal, provincial or municipal is subservient to the Constitution of Canada.
The Charter of Rights and Freedoms became an integral and permanent part of the Constitution and it guaranteed the rights and freedoms for all Canadian citizens. It was incorporated into the supreme law of the land to ensure future governments could not render it obsolete.
We shared the ‘gems’ of the Charter with council:
Section 2: Everyone has the following fundamental freedoms: freedom of conscience, freedom of religion, thought, belief, opinion and expression. As well as freedom of association and freedom of assembly.
Section 6: Mobility rights: every citizen of Canada has the right to travel anywhere in Canada and leave Canada, and the right to pursue a livelihood anywhere in Canada.
Section 7: Everyone has the right to life, liberty and the security of the person.
Section 15: Every individual is equal before the law, has equal protection and equal benefit of the law without discrimination.
All of these individual rights have been stripped from citizens by the various government COVID-19 measures.
As an example, an Innisfail mother was unable to enter our public pool to watch her children swim; this is not equality, security or liberty.
We asked the Innisfail town council to take the same exuberance they showed in March 2020 when they approached the provincial government to fight for our local physicians’ contract concerns, to be our voice and fight for all of our town and county citizens’ rights, almost 8,000 people of Innisfail and the county of Red Deer’s almost 19,000 citizens.
Specifically, council was asked to make a motion to draft and send a letter asking the government of Alberta to cancel the REP because it is unlawful, unconstitutional, and in order to implement this program, citizens’ Charter protected rights and freedoms are being violated and stripped from them.
We are not at war nor is there an insurrection; the provincial government has not demonstrably justified their pandemic, COVID-19 measures. In fact, in asking the municipalities to implement the REP, they are in fact breaking the law -- the Constitution of Canada, the supreme law of Canada.
We welcomed the town of Innisfail council to represent us, bring unity, bring healing, and perhaps they would lead the charge and other municipalities would join them as they represented and lobbied for their citizens and their rights and freedoms.
The request was met with a curt and dismissive response, a lawyer had told council Section 92 of the Constitution restricts the legal jurisdictions of municipalities and therefore they couldn’t do anything for the citizens’ rights and freedoms in their town. They were unable, they said, to represent us, even though we reminded them of their roles as our elected representatives.
Sad and disappointing.
In a follow up letter sent to council via email on Dec. 15, Brian Peckford, who helped in the drafting of the Constitution and is a signatory to it, responded to their lawyer’s statement as follows:
“Section 92 of the Constitution does not apply. The Charter of Rights and Freedoms protects the rights and freedoms of individual Canadians. It makes no distinction as to where a person lives and what jurisdiction.
It's every person, everywhere in Canada.
So the municipality‘s lawyer does not understand the Constitution or he or she is desperately trying to find a way out for his client. There is no way out.
Charter of Rights and Freedoms Section 2 says:
2 Everyone has the following fundamental freedoms: freedom of conscience, freedom of religion, thought, belief, opinion and expression. As well as freedom of association and freedom of assembly.
Section 6 says:
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right:
(a) to move to take up residence in any province; and
(b) to pursue the gaining of a livlihood in any province.
Section 7 says:
7 Everyone has 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.
Section 15 says:
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
So everyone, every citizen, every individual.
The fact that the municipality comes under the province in Section 92 is irrelevant. The municipality is still under the Charter and must not violate it.
Brian Peckford, signatory to The Charter of Rights and Freedoms.”
I have yet to hear a response from the town council to our request.
We did hear the budget get passed.
This council has given themselves a two per cent raise and they have raised all of our taxes by two per cent.
Does this promote a welcoming and inclusive approach or a tainted agenda by our new town council?
I. Reimer,
Innisfail
