Monday, August 10, 2015

Against the Constitution? It's Against the Law!

The mission and the vision of a company must drive the policies of that company.

In the same way, the constitution of a country must drive the policies or laws enacted by the sitting government.

Canada's Constitution was "brought home" from England in 1982, replacing the British North America Act that had been in place since Canada's founding in 1867. The full content of the constitution can be accessed by clicking here (The Constitution and Canada's Charter of Rights and Freedoms (1982)).

As stated therein, at worst, no policy can go against the constitution or it is therefore against the law:


Let's look at a couple of laws passed by the current Conservative government to see if they contravene the Charter of Rights and Freedoms.
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EXAMPLE 1: I'll be pedantic and replay the law that has taken away my right to vote:

Current Law:


HOWEVER:

Charter of Rights and Freedoms:

According to the Charter,  "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, this law needs to go to the Supreme Court to be thrown out on Constitutional grounds. This is the next step - more information can be obtained at http://www.letcanadiansvote.com/
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EXAMPLE 2:

Bill C-51. See previous posting.

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EXAMPLE 3:

A proposal by the Conservatives to limit travel. 



While it would be odd to go to an IS-controlled part of the world (!), looking at the proposal from a strictly legal point-of-view, this law should not even be considered.

The Charter:

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So why are the Conservatives promoting these bills? It would seem that their mantra about security is their preferred narrative. The economy is in the doldrums so let's get people scared even if it means contravening the Charter of Rights and Freedoms. George Orwell would be proud ...

Any company that does not attach its policies to its mission is doomed to failure.

Any government that contravenes its own Constitution is doomed to failure.

Let not Canada and Canadians fall into the trap of forgetting who we are as set out in our Constitution and the Charter of Rights and Freedoms.

The Conservatives seem to have forgotten, all in the name of "security". 







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