Of late, there are many who allege that restrictions and public health measures put in place to combat the global pandemic of COVID-19 are in violation of the Canadian Charter of Rights and Freedoms. This is patently false. There is a reason that despite the incessant whingeing of a small minority, the courts continue to uphold the public health measures.
A recent letter quoted many of the sections of the Charter, but almost completely ignored the very first, and most important section. As a result, based on the assertions made, it appears that their ‘understanding’ of the Charter of Rights and Freedoms is quite distorted.
“Section 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.”
In plain English, no rights are absolute. In fact all laws are, prima facie, a violation of the guaranteed freedoms. However, they are justified, and lawful, as the elected government (democratic society) has deemed it necessary to enact such laws and measures for the greater good of our society.
Whether or not we like it or choose to believe it, the pandemic is real. The mere notion that it is a grand conspiracy engineered by doctors, politicians and governments around the world is more preposterous than believing the earth is flat. Yet there are still those who firmly believe both.
I will make no effort to educate people with facts and truth, because people will believe what they want despite irrefutable evidence to the contrary. They dismiss information they do not like, claiming unproven assertions to be fact. But that is not the issue.
The issue is whether the measures are constitutional. Stating that the public health measures are not “demonstrably justified” does not make it so. The Charter of Rights and Freedoms does not leave that to the public, but to the law-makers, the “prescribed by law” part missed by so many.
The Charter is precisely what makes these public health measures lawful. The people claiming public health measures are unlawful and violating their rights, are tearing at the very fabric of our nation.
They would have us remove the protection of the public and the greater good, replacing it with whatever each individual wants. This is by definition: anarchy. Misconstruing the Charter to push your self-serving agenda, attacks the very foundation of Canada. The majority of Canadians understand the need for the restrictions. This is ‘democracy.'
Whatever happened to the Canada where people sacrificed of themselves to make the country better for everyone. Nobody likes masks or public health restrictions. But they are in place to help us get beyond this pandemic.
These measures are not permanent. Only to stop a virus. But as long as we have people selfishly clamouring for their rights, putting themselves before others, and refusing to do their part to help us move past this pandemic, the longer it will spread and the longer we will continue to have restrictions, more shuttered businesses, lost livelihoods, and worst of all, lost lives.
All levels of government are trying to keep us safe. Cut them some slack. Have they made mistakes? Yes. Has their messaging been consistent? No. Is anyone perfect? No. However, no one can make a rational argument that they have had an easy job, or that the correct path has been completely obvious.
Be selfish or be Canadian. The choice is yours. But whatever you choose, please don't misrepresent the Charter of Rights and Freedoms to push your own agenda.
Torrey Killam,
Carstairs
